Diffley v. Allstate Insurance

48 A.D.2d 652, 370 N.Y.S.2d 873, 1975 N.Y. App. Div. LEXIS 9657

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 5, 1975
• Status: Published

Opinion

In an action to recover damages for defendant’s cancellation of plaintiff’s policy of automobile insurance, defendant appeals from so much of a judgment of the Supreme Court, Queens County, entered May 15, 1974, as is in favor of plaintiff, upon a jury verdict. Judgment reversed insofar as appealed from, on the facts, and new trial granted, with costs to abide the event. The jury’s verdict was contrary to the weight of the evidence. Gulotta, P. J., Rabin, Hopkins and Martuscello, JJ., concur.