DeSantis v. Dryden Mutual Insurance

Pine, J. (dissenting).

I respectfully dissent and vote to reverse and grant the motion of Dryden Mutual Insurance Company (defendant) for summary judgment dismissing the amended complaint against it. As a matter of law, failure to file a sworn proof of loss within 60 days of defendant’s request, as required by the terms of the policy, is an absolute defense to the action of Michael DeSantis (plaintiff) (see, Maleh v New York Prop. Ins. Underwriting Assn., 64 NY2d 613; see also, Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 NY2d 201, 214). It is irrelevant that plaintiff gave…