MYERS, SMITH & GRANADY, INC., APPELLANT, v. NEW YORK PROPERTY INSURANCE
UNDERWRITING ASSOCIATION, RESPONDENT.
85 N.Y.2d 832, 647 N.E.2d 1348, 623 N.Y.S.2d 840 (1995).
February 14, 1995
1 No. 16 (1995 NY Int. 021)
Decided February 14, 1995
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Debra Ruth Wolin, for Appellant.
Thomas E. Scott, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
On January 27, 1988, plaintiff, owner of property at 200 West 135th
Street in New York City, purchased a one-year policy from defendant
insuring its property for physical (including fire) damage. In the
event of loss, the policy provided that defendant could question
plaintiff under oath, and it required plaintiff to sign the answers
and cooperate in the investigation and settlement of the claim. The
policy further provided that plaintiff could not bring legal action
against defendant unless it had complied with all of the terms of the
policy and commenced the action within two years of the claimed loss.
On August 5, 1988, plaintiff's property was damaged by fire with an
estimated loss of $327,377.84. Plaintiff timely notified defendant of
the loss. Defendant's subsequent inspection of the property concluded
that the fire was caused by arson. Defendant conducted four
examinations of plaintiff under oath, all of which had to be adjourned
on consent because plaintiff failed to bring requested documents.
Defendant sent plaintiff copies of each of the transcripts, but
plaintiff executed and returned to defendant only the first
transcript; the other three were never executed. Defendant contends
that plaintiff never produced documents it requested, whereas
plaintiff now claims that missing documents were destroyed in the
fire. Defendant neither denied nor made payment on plaintiff's claim
and asserts that the investigation of the claim was never concluded.
Plaintiff brought this action on August 24, 1991, more than three
years after the fire, alleging breach of contract and "deceptive acts
SNIPPETS:
MYERS, SMITH & GRANADY, INC., APPELLANT, v.
UNDERWRITING ASSOCIATION, RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be affirmed, with costs.
On January 27, 1988, plaintiff, owner of property at 200 West 135th Street in New York City,
In the event of loss, the policy provided that defendant could question plaintiff under oath,
Defendant conducted four examinations of plaintiff under oath, all of which had to be
Defendant sent plaintiff copies of each of the transcripts, but plaintiff executed and
Defendant contends that plaintiff never produced documents it requested, whereas plaintiff
Defendant neither denied nor made payment on plaintiff's claim and asserts that the
Plaintiff brought this action on August 24, 1991, more than three years after the fire,
Supreme Court granted summary judgment to defendant, dismissing the contract cause of action
it contends that defendant internally rejected its claim but withheld the decision from
plaintiff argues that defendant acted deceptively in its method of processing the claim so as
plaintiff offers no evidence in support of its second argument that defendant acted
plaintiff's actions in failing to produce its documents as promised and execute the
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Levine and Ciparick concur.
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