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MALLORY v. ALLSTATE INS. CO.

2011-00367.

90 A.D.3d 621 (2011)

933 N.Y.S.2d 896

2011 NY Slip Op 8912

MAXINE MALLORY, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided December 6, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover the proceeds of a fire insurance policy. The defendant asserted several affirmative defenses based on policy exclusions. The plaintiff moved to dismiss the defendant's first, second, and third affirmative defenses on the ground that the defendant was precluded from raising those defenses as a result of the defendant's failure to comply with 11 NYCRR 216.6 (c...

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