ROCHE v. G.E. CAPITAL LIFE ASSURANCE COMPANY OF NEW YORK


281 A.D.2d 932 (2001)

722 N.Y.S.2d 456

GERALD D. ROCHE, Appellant, v. G.E. CAPITAL LIFE ASSURANCE COMPANY OF NEW YORK et al., Respondents.

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

Decided March 21, 2001.


Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of G.E. Capital Life Assurance Company of New York (defendant) for summary judgment dismissing the amended complaint against it. Plaintiff's disability insurance policy requires written notice to defendant within 45 days of the possibility of a claim, and it was not until 1998 that plaintiff notified defendant of his injury sustained in 1994. Contrary...

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