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Cline, Davis Mann v. Travelers Insce. Co.

Appellate Division of the Supreme Court of New York, First Department
Aug 14, 1997
242 A.D.2d 221 (N.Y. App. Div. 1997)

Opinion

August 14, 1997

Appeal from the Supreme Court, New York County (Stephen Crane, J.).


In light of the nonwaiver agreement contained in the March 24, 1995 facsimile communication, the terms of which plaintiff accepted, we agree that there are outstanding factual issues as to the actual date the covered property was lost and whether defendant waived its objection to the timeliness of the claim, precluding summary application of the policy's two-year limitations period. There are also outstanding factual issues as to when plaintiff should have realized that the covered property might be lost, which preclude summary application of the policy's prompt notice provision (see, Clute v. Harder Silo Co., 42 A.D.2d 818; Silverman v. Massachusetts Mut. Life Ins. Co., 6 A.D.2d 92).

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Mazzarelli, JJ.


Summaries of

Cline, Davis Mann v. Travelers Insce. Co.

Appellate Division of the Supreme Court of New York, First Department
Aug 14, 1997
242 A.D.2d 221 (N.Y. App. Div. 1997)
Case details for

Cline, Davis Mann v. Travelers Insce. Co.

Case Details

Full title:CLINE, DAVIS MANN, INC., Respondent, v. TRAVELERS INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 14, 1997

Citations

242 A.D.2d 221 (N.Y. App. Div. 1997)
661 N.Y.S.2d 958

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