Mason v. Agricultural Insurance

Appellate Terms of the Supreme Court of New York

Mason v. Agricultural Insurance

21 Misc. 2d 263, 193 N.Y.S.2d 962, 1959 N.Y. Misc. LEXIS 2683

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 5, 1959

StatusPublished

This text of 21 Misc. 2d 263 (Mason v. Agricultural Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mason v. Agricultural Insurance, 21 Misc. 2d 263, 193 N.Y.S.2d 962, 1959 N.Y. Misc. LEXIS 2683 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The record below established plaintiff’s failure to comply with the condition precedent set forth in the insurance contract in that she failed to file required proofs of loss and failed to institute this action within one year from the time her cause of action accrued. Plaintiff’s opposing papers failed [264]*264to negate her breach and raised no triable issues of fact in respect thereof.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

The record below established plaintiff’s failure to comply with the condition precedent set forth in the insurance contract in that she failed to file required proofs of loss and failed to institute this action within one year from the time her cause of action accrued. Plaintiff’s opposing papers failed [264]*264to negate her breach and raised no triable issues of fact in respect thereof.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 263, 193 N.Y.S.2d 962, 1959 N.Y. Misc. LEXIS 2683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-agricultural-insurance-nyappterm-1959.