Wilbisky v. German Alliance Insurance
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, dismissing plaintiff’s complaint after a trial by the court and-a jury.
1Opinion of the CourtLehman, J.
The plaintiff has brought an action upon a policy of fire insurance. The answer sets up several defenses, including the defense that there was an award made of a lesser sum than the amount asked for in the complaint. At the trial defendant moved to dismiss on the ground that the complaint failed to set forth that sixty days elapsed since the proof of loss was given. The trial justice gave leave to amend the complaint in this regard. The plaintiff gave a rather vague statement of the amendment he desired. While perhaps technically insufficient, it did apprise the defendant of what it expected…
2Cases cited1 opinion
- Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901
3Cited by3 opinions
- Williams v. Hamilton Fire InsuranceAppellate Terms of the Supreme Court of New York · 1922
- Murphy v. Serial Federal Savings & Loan Ass'nCity of New York Municipal Court · 1961
- 82-10 Roosevelt Avenue, Inc. v. SachsAppellate Terms of the Supreme Court of New York · 1950