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Silver v. General Accident Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1994
203 A.D.2d 354 (N.Y. App. Div. 1994)

Opinion

April 11, 1994

Appeal from the Supreme Court, Suffolk County (Werner, J.).


Ordered that the order is affirmed, with costs.

We find that the plaintiff, as executor, as a condition of receiving compensation for the estate's loss, was required to appear for an examination under oath. The plaintiff's outright refusal to do so is a material breach of his obligation under the terms of his contract of insurance (see, Lentini Bros. Moving Stor. Co. v New York Prop. Ins. Underwriting Assn., 76 A.D.2d 759, affd 53 N.Y.2d 835). Further, since the plaintiff failed to show any evidence of an intent to submit to an examination under oath, the Supreme Court did not err in failing to make the dismissal conditional upon his failing to appear for an examination under oath (see, Pizzirusso v Allstate Ins. Co., 143 A.D.2d 340).

The plaintiff's remaining contentions are either without merit or unpreserved for appellate review. Mangano, P.J., Miller, Hart and Florio, JJ., concur.


Summaries of

Silver v. General Accident Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1994
203 A.D.2d 354 (N.Y. App. Div. 1994)
Case details for

Silver v. General Accident Insurance Company

Case Details

Full title:ROBERT SILVER, as Executor of BORIS SILVER, Deceased, Appellant, v…

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

Date published: Apr 11, 1994

Citations

203 A.D.2d 354 (N.Y. App. Div. 1994)
609 N.Y.S.2d 674

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