Apfel v. London Guarantee & Accident Co.

Appellate Division of the Supreme Court of New York

Apfel v. London Guarantee & Accident Co.

248 A.D. 895, 291 N.Y.S. 408, 1936 N.Y. App. Div. LEXIS 7989

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1936

StatusPublished

This text of 248 A.D. 895 (Apfel v. London Guarantee & Accident Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Apfel v. London Guarantee & Accident Co., 248 A.D. 895, 291 N.Y.S. 408, 1936 N.Y. App. Div. LEXIS 7989 (N.Y. Ct. App. 1936).

Pincite

Opinion

Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Under the circumstances disclosed by this record we believe the contention that the insured failed to co-operate with the defendant was not [896]*896sustained, and we also believe that defendant, by its conduct, waived its right to disclaim liability. Present — Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ.

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Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Under the circumstances disclosed by this record we believe the contention that the insured failed to co-operate with the defendant was not [896]*896sustained, and we also believe that defendant, by its conduct, waived its right to disclaim liability. Present — Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ.

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Bluebook (online)

248 A.D. 895, 291 N.Y.S. 408, 1936 N.Y. App. Div. LEXIS 7989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apfel-v-london-guarantee-accident-co-nyappdiv-1936.