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CABRERA v. ALLSTATE INDEMNITY COMPANY

288 A.D.2d 415 (2001)

733 N.Y.S.2d 898

ARNULFO CABRERA, Appellant, v. ALLSTATE INDEMNITY COMPANY, Respondent.

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

Decided November 26, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff filed a claim with the defendant insurer following the theft of his automobile. The defendant denied the claim, citing the plaintiff's failure to submit certain documents relevant to the claim and to cooperate fully in the investigation.

The Supreme Court properly found a triable issue of fact as to whether the plaintiff failed...

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