New York Supreme Court July 16, 1981 (Esa v. New York Property Insurance Underwriting Ass'n)

OPINION OF THE COURT

Frank Composto, J.

Defendant insurer moves for summary judgment, pursuant to CPLR 3212, dismissing the complaint and directing judgment on the first affirmative defense of its amended answer.

The first affirmative defense alleges in substance that plaintiff failed to supply defendant with proofs of loss within 60 days, as required by the policy and after demand by defendant.