Cuda v. Utica Mutual Insurance

Appellate Division of the Supreme Court of New York

Cuda v. Utica Mutual Insurance

91 A.D.2d 1166, 459 N.Y.S.2d 414, 1983 N.Y. App. Div. LEXIS 16502

Appellate Division of the Supreme Court of the State of New York·Decided January 21, 1983·Published

Opinion

— Order affirmed, with costs to plaintiff, for the reasons stated in the memorandum decision at Special Term, Murphy, J. As to plaintiff’s cross appeal, we note that the interest penalty provided for in subdivision 1 of section 675 of the Insurance Law may not be assessed against other than the insurer. All concur, Simons, J., not participating. (Appeals from order of Supreme Court, Herkimer County, Murphy, J. — attorney’s fee.) Present — Dillon, P. J., Simons, Doerr, Boomer and Moule, JJ.

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— Order affirmed, with costs to plaintiff, for the reasons stated in the memorandum decision at Special Term, Murphy, J. As to plaintiff’s cross appeal, we note that the interest penalty provided for in subdivision 1 of section 675 of the Insurance Law may not be assessed against other than the insurer. All concur, Simons, J., not participating. (Appeals from order of Supreme Court, Herkimer County, Murphy, J. — attorney’s fee.) Present — Dillon, P. J., Simons, Doerr, Boomer and Moule, JJ.

Cuda v. Utica Mutual Insurance, 91 A.D.2d 1166, 459 N.Y.S.2d 414, 1983 N.Y. App. Div. LEXIS 16502 (N.Y. Ct. App. 1983).

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91 A.D.2d 1166 (Cuda v. Utica Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.