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Hannah Furniture, Inc. v. Transtate Insurance
Citations: 238 A.D.2d 546; 657 N.Y.S.2d 951; 1997 N.Y. App. Div. LEXIS 4414
Court: Appellate Division of the Supreme Court of the State of New York; April 28, 1997; New York; State Appellate Court
In an appeal regarding the recovery of proceeds under an insurance policy, the plaintiff contests an order from the Supreme Court, Kings County, which dismissed the complaint against Transtate Insurance Company. The court affirmed the dismissal, citing that the plaintiff's failure to submit a sworn statement of loss within 60 days of the insurer's demand constituted an absolute defense to the action. Relevant case law supporting this conclusion includes Marino Constr. Corp. v INA Underwriters Ins. Co., Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., and Goldman v Allstate Ins. Cos. The decision was concurred by Judges Miller, Thompson, Joy, and Luciano. Costs were awarded to the defendant.