Spano v. Home Insurance

Appellate Division of the Supreme Court of New York

Spano v. Home Insurance

17 A.D.2d 850, 233 N.Y.S.2d 341, 1962 N.Y. App. Div. LEXIS 7604

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

DecidedOctober 22, 1962

StatusPublished

This text of 17 A.D.2d 850 (Spano v. Home 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

Spano v. Home Insurance, 17 A.D.2d 850, 233 N.Y.S.2d 341, 1962 N.Y. App. Div. LEXIS 7604 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action to recover the amount of a claimed loss under a standard fire insurance policy, plaintiff appeals from an order of the Supreme Court, Sullivan County, dated August 25, 1960 and entered in Orange County on August 30, I960, which granted defendant’s motion’for judgment on the pleadings (Rules Civ. Prae., rule 112) and dismissed the complaint on the merits. Order modified by striking out its decretal paragraph and by substituting therefor a provision granting the motion and dismissing the complaint, but with leave to plaintiff to serve an amended complaint. As so modified, order affirmed, with $10 costs and disbursements to plaintiff; the amended complaint to he served within 20 days after entry of the order hereon. In our opinion, plaintiff should be given the [851]*851opportunity to overcome her technical error in failing to plead defendant’s waiver of the policy provision which requires that an action on the policy shall be “ commenced within twelve months next after inception of the loss.” Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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In an action to recover the amount of a claimed loss under a standard fire insurance policy, plaintiff appeals from an order of the Supreme Court, Sullivan County, dated August 25, 1960 and entered in Orange County on August 30, I960, which granted defendant’s motion’for judgment on the pleadings (Rules Civ. Prae., rule 112) and dismissed the complaint on the merits. Order modified by striking out its decretal paragraph and by substituting therefor a provision granting the motion and dismissing the complaint, but with leave to plaintiff to serve an amended complaint. As so modified, order affirmed, with $10 costs and disbursements to plaintiff; the amended complaint to he served within 20 days after entry of the order hereon. In our opinion, plaintiff should be given the [851]*851opportunity to overcome her technical error in failing to plead defendant’s waiver of the policy provision which requires that an action on the policy shall be “ commenced within twelve months next after inception of the loss.” Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

17 A.D.2d 850, 233 N.Y.S.2d 341, 1962 N.Y. App. Div. LEXIS 7604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spano-v-home-insurance-nyappdiv-1962.