Sciarrillo v. North River Insurance

Appeal from an order of the Supreme Court at Special Term entered December 30, 1976 in Greene County, which granted defendant’s motion for summary judgment dismissing plaintiffs’ complaint. Plaintiffs’ premises were damaged by fire on April 4, 1975. Plaintiffs filed a proof of loss pursuant to their fire insurance policy. The policy contained a 12-month limit of time to sue for fire loss. Such a limit was mandated by section 168 of the Insurance Law. The defendant rejected all claims on November 26, 1975. A lawsuit was commenced by plaintiffs on June 10, 1976. Defendant moved for summary…