Berkowitz v. Johns

Appellate Division of the Supreme Court of New York

Berkowitz v. Johns

56 A.D.2d 833, 392 N.Y.S.2d 68, 1977 N.Y. App. Div. LEXIS 11150

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

DecidedMarch 7, 1977

StatusPublished

This text of 56 A.D.2d 833 (Berkowitz v. Johns) 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

Berkowitz v. Johns, 56 A.D.2d 833, 392 N.Y.S.2d 68, 1977 N.Y. App. Div. LEXIS 11150 (N.Y. Ct. App. 1977).

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Opinion

In a negligence action to recover damages for personal injuries, defendant Johns appeals from an order of the Supreme Court, Suffolk County, dated September 20, 1976, which denied his motion to vacate so much of a prior order of the same court, dated July 23, 1976, as directed the attachment of a certain policy of automobile liability insurance issued to his father. Order affirmed, with $50 costs and disbursements. On this record, Special Term’s denial of the motion to vacate the attachment was proper (see Simpson v Loehmann, 21 NY2d 305; Seider v Roth, 17 NY2d 111). The insurer’s duty to defend is broader than its duty to pay and "extends to any action, however groundless, false or fraudulent, in which facts are alleged within the coverage afforded by the policy” (Utica Mut. Ins. Co. v Cherry, 38 NY2d 735, 737). Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant Johns appeals from an order of the Supreme Court, Suffolk County, dated September 20, 1976, which denied his motion to vacate so much of a prior order of the same court, dated July 23, 1976, as directed the attachment of a certain policy of automobile liability insurance issued to his father. Order affirmed, with $50 costs and disbursements. On this record, Special Term’s denial of the motion to vacate the attachment was proper (see Simpson v Loehmann, 21 NY2d 305; Seider v Roth, 17 NY2d 111). The insurer’s duty to defend is broader than its duty to pay and "extends to any action, however groundless, false or fraudulent, in which facts are alleged within the coverage afforded by the policy” (Utica Mut. Ins. Co. v Cherry, 38 NY2d 735, 737). Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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Bluebook (online)

56 A.D.2d 833, 392 N.Y.S.2d 68, 1977 N.Y. App. Div. LEXIS 11150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkowitz-v-johns-nyappdiv-1977.

Opinion

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