Appellate Division of the Supreme Court of New York, 1994

Junik v. Allstate Insurance

Junik v. Allstate Insurance
Appellate Division of the Supreme Court of New York · Decided November 16, 1994
209 A.D.2d 989; 619 N.Y.S.2d 987
Junik v. Allstate Insurance

Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: Defendants moved for summary judgment dismissing the complaint on the ground that plaintiffs failed to file a proof of loss, as alleged in their third affirmative defense. Plaintiffs raised a question of fact with respect to that defense by the affidavit of plaintiff David E. Junik, and thus defendants’ motion was properly denied. (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.) Present—Pine, J. P., Law-ton, Fallon, Davis and Boehm, JJ.

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