MYP Food Corp. v. Tower Insurance

*181Order, Supreme Court, New York County (Karen S. Smith, J.), entered April 9, 2004, denying defendant’s motion for summary judgment and granting plaintiff’s cross motion to the extent of dismissing the first affirmative defense, unanimously modified, on the law, plaintiffs cross motion denied, the first affirmative defense reinstated, and otherwise affirmed, without costs.

Plaintiff alleges wrongful refusal to pay an insurance claim, asserting it never received the letter demanding a sworn proof of loss. Questions of fact preclude the award of summary judgment to either party (Travis v Allstate…