Phyllis Realty Co. v. Travelers Insurance

In an action, inter alia, to recover damages for breach of an insurance contract, the defendant appeals from so much of an order of the Supreme Court, Queens County (Golar, . J.), entered January 11, 1995, as denied its motion for summary judgment dismissing the complaint.

*461Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is well settled that a claimant’s failure to file sworn proof of loss within 60 days after the demand therefor constitutes an absolute defense to an action to recover damages under an…