Lentini Brothers Moving & Storage Co., Inc., Appellant v. New York Property Insurance Underwriting Association…

Summary

The Court of Appeals affirmed the Appellate Division’s order dismissing the insured’s complaint for failure to file a proof of loss and submit to examination. The Court held that the insured could not avoid its cooperation obligations by filing suit before the insurer repudiated liability, and that the insurer could not demand compliance after repudiation. Accordingly, summary judgment dismissing the complaint unconditionally was proper.