Arbital v. Allstate Insurance

282 A.D.2d 560, 723 N.Y.S.2d 386, 2001 N.Y. App. Div. LEXIS 3800

Opinion

—In an action to recover damages for breach of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Dunn, J.), entered March 1, 2000, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $81,000.

Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted.

The cumulative effect of the trial errors in this case, including the improper restriction of cross-examination, deprived the defendant of a fair trial (see, Shenorock Shore Club v Rollins Agency, 270 AD2d 330; Hill v Arnold, 226 AD2d 232).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Altman, McGinity and H. Miller, JJ., concur.