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Galligan v. Royal Globe Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 987 (N.Y. App. Div. 1986)

Opinion

April 4, 1986

Appeal from the Supreme Court, Erie County, Rath, J.

Present — Dillon, P.J., Denman, Boomer, Pine and Schnepp, JJ.


Order unanimously modified, on the law, to grant defendant's motion for summary judgment and, as modified, affirmed, without costs. Memorandum: The court erred in failing to grant summary judgment to defendant based on proof that the limitation period in the insurance policy had expired before plaintiff commenced this action. Plaintiff commenced this action. Plaintiff failed to submit proof in admissible form sufficient to raise a factual issue that either estoppel or waiver prevented defendant from relying on the limitation provision (Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065, 1067-1068; cf. Blitman Constr. Corp. v. Insurance Co. of N. Am., 66 N.Y.2d 820, 822).


Summaries of

Galligan v. Royal Globe Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 987 (N.Y. App. Div. 1986)
Case details for

Galligan v. Royal Globe Insurance Company

Case Details

Full title:JOSEPH W. GALLIGAN, Respondent-Appellant, v. ROYAL GLOBE INSURANCE…

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

Date published: Apr 4, 1986

Citations

119 A.D.2d 987 (N.Y. App. Div. 1986)

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