125 Skillman Avenue Corp. v. American Home Assurance Co.

OPINION OF THE COURT

Bernard Fuchs, J.

The action is on a standard form fire insurance policy. Defendant American Home Assurance Company (hereinafter called defendant) moves for summary judgment on the ground that plaintiff failed to give the "immediate written notice” of loss required by the policy.

The supplemental verified complaint alleges that "plaintiff has duly performed all of the terms and conditions of the said policy on its part to be performed”. A denial of the allegation appears in the verified answer filed November 21, 1978. But defendant pleads nothing explicit as to the immediate…