Hannah Furniture, Inc. v. Transtate Insurance

Appellate Division of the Supreme Court of New York

Hannah Furniture, Inc. v. Transtate Insurance

238 A.D.2d 546, 657 N.Y.S.2d 951, 1997 N.Y. App. Div. LEXIS 4414

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1997

StatusPublished

This text of 238 A.D.2d 546 (Hannah Furniture, Inc. v. Transtate Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hannah Furniture, Inc. v. Transtate Insurance, 238 A.D.2d 546, 657 N.Y.S.2d 951, 1997 N.Y. App. Div. LEXIS 4414 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action to recover proceeds due under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated May 17, 1996, which granted the motion of the defendant Transtate Insurance Company pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff’s failure to file a sworn statement as proof of its loss within 60 days after a demand for it by the defendant insurer constitutes an absolute defense to the action (see, Insurance Law § 3407 [a]; Marino Constr. Corp. v INA Underwriters Ins. Co., 69 NY2d 798; Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 NY2d 201; Goldman v Allstate Ins. Cos., 220 AD2d 381). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

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—In an action to recover proceeds due under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated May 17, 1996, which granted the motion of the defendant Transtate Insurance Company pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff’s failure to file a sworn statement as proof of its loss within 60 days after a demand for it by the defendant insurer constitutes an absolute defense to the action (see, Insurance Law § 3407 [a]; Marino Constr. Corp. v INA Underwriters Ins. Co., 69 NY2d 798; Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 NY2d 201; Goldman v Allstate Ins. Cos., 220 AD2d 381). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

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Bluebook (online)

238 A.D.2d 546, 657 N.Y.S.2d 951, 1997 N.Y. App. Div. LEXIS 4414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannah-furniture-inc-v-transtate-insurance-nyappdiv-1997.

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