D & I Fill & Topsoil Distributors, Inc. v. Rifflard

Appellate Division of the Supreme Court of New York

D & I Fill & Topsoil Distributors, Inc. v. Rifflard

39 A.D.2d 564, 332 N.Y.S.2d 387, 1972 N.Y. App. Div. LEXIS 4877

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 564 (D & I Fill & Topsoil Distributors, Inc. v. Rifflard) 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

D & I Fill & Topsoil Distributors, Inc. v. Rifflard, 39 A.D.2d 564, 332 N.Y.S.2d 387, 1972 N.Y. App. Div. LEXIS 4877 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for property injuries, the third-party plaintiff appeals from an order of the Supreme Court, Rockland County, dated August 9, 1971, which granted the third-party defendant’s motion for summary judgment. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion there are triable issues of fact with regard to the circumstances surrounding the making of the insurance policy in question, particularly the intention of the parties as to the contemplated coverage, which issues can only be resolved after a full trial. Rabin, P. J., Munder, Martuseello, Latham and Benjamin, JJ., concur.

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In a negligence action to recover damages for property injuries, the third-party plaintiff appeals from an order of the Supreme Court, Rockland County, dated August 9, 1971, which granted the third-party defendant’s motion for summary judgment. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion there are triable issues of fact with regard to the circumstances surrounding the making of the insurance policy in question, particularly the intention of the parties as to the contemplated coverage, which issues can only be resolved after a full trial. Rabin, P. J., Munder, Martuseello, Latham and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 564, 332 N.Y.S.2d 387, 1972 N.Y. App. Div. LEXIS 4877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-i-fill-topsoil-distributors-inc-v-rifflard-nyappdiv-1972.