Farmers Reliance Co. v. Nationa General Insurance

Appellate Division of the Supreme Court of New York

Farmers Reliance Co. v. Nationa General Insurance

116 A.D.2d 553, 497 N.Y.S.2d 407, 1986 N.Y. App. Div. LEXIS 51406

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

DecidedJanuary 13, 1986

StatusPublished

This text of 116 A.D.2d 553 (Farmers Reliance Co. v. Nationa General Insurance) 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

Farmers Reliance Co. v. Nationa General Insurance, 116 A.D.2d 553, 497 N.Y.S.2d 407, 1986 N.Y. App. Div. LEXIS 51406 (N.Y. Ct. App. 1986).

Pincite

Opinion

— In an action by an excess insurer to recover moneys paid on settlement of a personal injury action arising out of an automobile accident, defendant National General Insurance Co., the primary insurer, appeals from an order of the Supreme Court, Queens County (Goldstein, J.), dated October 4, 1984, which, inter alia, granted plaintiff’s cross motion for leave to use the disclosure device of written interrogatories, and subsequently to take the depositions upon oral examination.

Order affirmed, with costs.

The claims set forth in the complaint do not fall within the ambit of the prohibition contained in CPLR 3130 (1) against a party seeking both interrogatories and to take depositions of other parties without leave of court. Thus, the order appealed from is unnecessary. It nevertheless may stand, since plaintiff has the right to both serve interrogatories on and take depositions from appellant. Lazer, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action by an excess insurer to recover moneys paid on settlement of a personal injury action arising out of an automobile accident, defendant National General Insurance Co., the primary insurer, appeals from an order of the Supreme Court, Queens County (Goldstein, J.), dated October 4, 1984, which, inter alia, granted plaintiff’s cross motion for leave to use the disclosure device of written interrogatories, and subsequently to take the depositions upon oral examination.

Order affirmed, with costs.

The claims set forth in the complaint do not fall within the ambit of the prohibition contained in CPLR 3130 (1) against a party seeking both interrogatories and to take depositions of other parties without leave of court. Thus, the order appealed from is unnecessary. It nevertheless may stand, since plaintiff has the right to both serve interrogatories on and take depositions from appellant. Lazer, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

116 A.D.2d 553, 497 N.Y.S.2d 407, 1986 N.Y. App. Div. LEXIS 51406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-reliance-co-v-nationa-general-insurance-nyappdiv-1986.