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McGIVNEY v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

305 A.D.2d 559 (2003)

759 N.Y.S.2d 379

JAMES J. McGIVNEY, Appellant, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided May 19, 2003.

Ordered that the order is affirmed, with costs.

In opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact. "Evidence of communications or settlement negotiations between an insured and its insurer either before or after expiration of a limitations period contained in a policy is not, without more, sufficient to prove waiver or...

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