Matter of N.Y. Cen. Mut. Fire Ins. v. Shepard

Full title: In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY…

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

Date published: Apr 27, 1998

249 A.D.2d 549 (N.Y. App. Div. 1998)

671 N.Y.S.2d 353

Opinion

April 27, 1998

Appeal from the Supreme Court, Queens County (Kassoff, J.).

Ordered that the appeal from the order dated August 13, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated February 14, 1997, is affirmed; and it is further,

Ordered that the petitioner-respondent is awarded one bill of costs.

We agree with the Supreme Court that the appellant failed to file a timely proof-of-claim form with her insurer as required by the terms of the insurance policy ( see generally, Heydt Contr. Corp. v. American Home Assur. Co., 146 A.D.2d 497). The appellant's remaining contention that the petitioner insurer failed to timely disclaim coverage is without merit ( see, Matter of Aetna Life Cas. v. Ocasio, 232 A.D.2d 409).

Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.