New York Supreme Court July 1, 1986 (Pedrick v. Commercial Union Insurance)

OPINION OF THE COURT

John R. Tenney, J.

This is an action to recover on a theft loss insured by a homeowner’s policy issued by defendant. The first affirmative defense, and the basis for this summary judgment motion, is that plaintiff failed to comply with the policy provision requiring submission of sworn proofs of loss within 60 days after receipt of the demand required by Insurance Law § 3407