New York Property Insurance Underwriting Ass'n. v. Primary Realty Inc.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered July 18, 1989, which, inter alia, granted reargument, and upon reargument, granted plaintiffs motion for summary judgment on the complaint and for summary judgment dismissing the counterclaim, unanimously affirmed, without costs.

Defendants, plaintiffs insureds, suffered a fire loss to certain Bronx premises on September 4, 1987. By letter dated December 28, 1987, received by defendant Primary on January 8, 1988, plaintiff demanded sworn proofs of loss, as could be required under the standard fire insurance policy. In…