STORY FROM: Superstorm Sandy Insurance Litigation
Action Demanding Payment of Superstorm Sandy Appraisal Award Untimely, N.Y. Judge Rules
April 19, 2017
NEW YORK — A New York judge has dismissed a real estate company’s action demanding payment of an appraisal award for Superstorm Sandy-related property damage, ruling that the action was not filed within the two-year limitations period set forth in the insurance policy at issue.
On April 7, Judge Shlomo Hagler of the New York County Supreme Court rejected the plaintiff’s assertion that completion of the appraisal process serves as a condition precedent to the commencement of an action.
The judge also denied the plaintiff’s motion for summary judgment in lieu of filing a complaint, explaining that summary judgment based ...