General Electric Capital Corp. v. Royal Insurance Co. of America

Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about February 25, 1993, which, inter alia, denied the motion by defendant for summary judgment dismissing the plaintiff’s complaint, unanimously affirmed, without costs.

The IAS Court properly denied defendant’s motion for summary judgment. "When an insurer gives its insured written notice of its desire that proof of loss under a policy of * * * insurance be furnished and provides a suitable form for such proof, failure of the insured to file proof of loss within 60 days after receipt of such notice, or within any longer…