Feldman v. Liberty Mutual Insurance

Appellate Division of the Supreme Court of New York

Feldman v. Liberty Mutual Insurance

19 A.D.2d 857, 244 N.Y.S.2d 14, 1963 N.Y. App. Div. LEXIS 3034

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

DecidedOctober 31, 1963

StatusPublished

This text of 19 A.D.2d 857 (Feldman v. Liberty Mutual 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

Feldman v. Liberty Mutual Insurance, 19 A.D.2d 857, 244 N.Y.S.2d 14, 1963 N.Y. App. Div. LEXIS 3034 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order unanimously reversed, without costs of this appeal to either party and defendant’s motion for summary judgment granted. Memorandum: There are no facts in the ease from which it could be found that the conduct of the appellant constituted a waiver of the limitation of time in which to commence an action as fixed by the contract of insurance. Nor by its conduct did the appellant estop itself from asserting that defense. Thus there are no triable issues of fact and an order dismissing the plaintiffs’ complaint must be granted. (Appeal from order of Niagara County Court denying defendant’s motion for summary judgment.) Present — Bastow, J. P., Goldman, MeClusky, Henry and Noonan, JJ.

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Order unanimously reversed, without costs of this appeal to either party and defendant’s motion for summary judgment granted. Memorandum: There are no facts in the ease from which it could be found that the conduct of the appellant constituted a waiver of the limitation of time in which to commence an action as fixed by the contract of insurance. Nor by its conduct did the appellant estop itself from asserting that defense. Thus there are no triable issues of fact and an order dismissing the plaintiffs’ complaint must be granted. (Appeal from order of Niagara County Court denying defendant’s motion for summary judgment.) Present — Bastow, J. P., Goldman, MeClusky, Henry and Noonan, JJ.

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Bluebook (online)

19 A.D.2d 857, 244 N.Y.S.2d 14, 1963 N.Y. App. Div. LEXIS 3034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-liberty-mutual-insurance-nyappdiv-1963.