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Appellate Terms of the Supreme Court of New York, 1935

Jacobs v. North River Insurance

Jacobs v. North River Insurance
Appellate Terms of the Supreme Court of New York · Decided November 14, 1935
157 Misc. 419; 283 N.Y.S. 901; 1935 N.Y. Misc. LEXIS 1601

Counsel

Naphtali & Baisman [Mathias Naphtali of counsel], for the appellant., Samuel D. Macpeak [Henry H. Abramoicitz of counsel], for the\ respondent."

Jacobs v. North River Insurance

Opinion of the Court

Per Curiam.

The short Statute of Limitations provided in the policy did not begin to run until the appraisal award was filed with the company. The commencement of the action in 1934 was, therefore, timely. (Steen v. Niagara Fire Ins. Co., 89 N. Y. 315; Steele v. Phenix Ins. Co., 51 Fed. 715.)

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff as demanded in the complaint. Appeal from order dismissed.

All concur. Present —• Lydon, Callahan and Shientag, JJ.

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