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HANNAH FURNITURE, INC. v. TRANSTATE INS. CO.

238 A.D.2d 546 (1997)

657 N.Y.S.2d 951

Hannah Furniture, Inc., Appellant, v. Transtate Insurance Company, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 28, 1997

Ordered that the order is affirmed, with costs.

The plaintiffs failure to file a sworn statement as proof of its loss within 60 days after a demand for it by the defendant insurer constitutes an absolute defense to the action (see, Insurance Law § 3407 [a]; Marino Constr. Corp. v INA Underwriters Ins. Co., 69 N.Y.2d 798; Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 N...

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