80 E. 116TH ST. CORP. v. GALAXY INS. CO.


249 A.D.2d 168 (1998)

671 N.Y.S.2d 257

80 East 116th Street Corp., Appellant, v. Galaxy Insurance Co., Respondent

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

April 23, 1998


Plaintiff's attorney's letter of October 1, 1993 together with his testimony at the hearing admitting receipt of proof of loss forms supports the Referee's finding that defendant's letter to plaintiff's attorney of September 23, 1993 demanding an examination under oath had enclosed the two blank proof of loss forms referred to therein. Plaintiff's failure to timely file the proofs of loss within 60 days after receiving the blank forms and defendant's demand is a complete...

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