Legal Opinion
Azeem v. Colonial Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1983PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
In February, 1980, plaintiff Azeem’s store was destroyed by fire and in March, 1981, he brought this action to recover under his fire insurance policy. The defendants, insurance companies, moved for summary judgment dismissing the complaint because of the plaintiff’s failure to attend an examination under oath as required by the terms of the policy. Special Term granted the motion “unless the plaintiff, Haamid Azeem, makes himself available for examination” within 45 days. The order should be modified to grant the motion unconditionally.
*124It is undisputed that…
2Cases cited5 opinions
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
- Pogo Holding Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
- Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
- Bulzomi v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by26 opinions
- Goldman v. State Farm Fire Gen. Ins. Co.District Court of Appeal of Florida · 1995
- Argento v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1992
- 2423 Mermaid Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Azeem v. Colonial Assurance Co.New York Court of Appeals · 1984
- Richard B. Rosenthal v. Prudential Property & Casualty CompanyCourt of Appeals for the Second Circuit · 1991
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