Commissioners of the State Insurance Fund v. Cerussi Marble & Tile Co.

New York Supreme Court

Commissioners of the State Insurance Fund v. Cerussi Marble & Tile Co.

25 Misc. 2d 540, 208 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2161

DecidedNovember 23, 1960

StatusPublished

This text of 25 Misc. 2d 540 (Commissioners of the State Insurance Fund v. Cerussi Marble & Tile Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioners of the State Insurance Fund v. Cerussi Marble & Tile Co., 25 Misc. 2d 540, 208 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2161 (N.Y. Super. Ct. 1960).

Pincite

Opinion

Per Curiam.

Under the clear language of the indorsement, which excluded Michael Cerussi from coverage, the plaintiffs are entitled to reimbursement for the amount they admittedly paid out for him in medical and compensation benefits. The [542]*542grounds advanced by defendant for not allowing such recovery, to wit, illegality and lack of consideration, are untenable.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiffs as prayed for in complaint, with costs.

Concur — Hofstadtbr, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

Under the clear language of the indorsement, which excluded Michael Cerussi from coverage, the plaintiffs are entitled to reimbursement for the amount they admittedly paid out for him in medical and compensation benefits. The [542]*542grounds advanced by defendant for not allowing such recovery, to wit, illegality and lack of consideration, are untenable.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiffs as prayed for in complaint, with costs.

Concur — Hofstadtbr, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

25 Misc. 2d 540, 208 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-of-the-state-insurance-fund-v-cerussi-marble-tile-co-nysupct-1960.