Igbara Realty Corp., Respondent v. New York Property Insurance Underwriting Association, Appellant; Bonus…

Summary

The Court held that failure to file a proof of loss within 60 days after a written demand under sections 168 and 172 of the Insurance Law is an absolute defense, that the defense is not waived by filing other affirmative defenses before the deadline, and that the complaint in Igbara could not be dismissed for lack of corporate capacity absent a proper motion. Accordingly, the Appellate Division’s denial of leave to amend was reversed and the matter remanded for further determination.