Legal Opinion
Skylark Enterprises, Inc. v. American Central Insurance
New York Supreme Court
Decided April 28, 1960PublishedCited by 5 opinions
1Opinion of the CourtFrank A. Gulotta, J.
This is a motion for summary judgment by the defendant in an action on a casualty insurance policy because of the failure to commence the action within one year from the occurrence of windstorm damage. The storm took place on March 21, 1958, and the action was commenced on June 26, 1959.
The policy provides: 1 ‘ No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with and unless commenced within twelve months next after inception of the loss. ’ ’
The plaintiff claims…
2Cases cited2 opinions
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Skylark Enterprises Inc. v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1961
- Kahn v. Lumbermens Mutual Casualty Co.District Court, E.D. New York · 1968
- 30-12 Lewmay Corp. v. Public Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1967
- Gallowhur v. Continental InsuranceNew York Supreme Court · 1966