Fire v. Bouquin

Appellate Division of the Supreme Court of New York

Fire v. Bouquin

58 A.D.2d 1012, 396 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 13232

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1977·Published

Opinion

Judgment unanimously affirmed, with costs to petitioner, on the memorandum decision at Trial Term, O’Donnell, J. (See, also, Matter of Empire Mut. Ins. Co. [Stroud], 36 NY2d 719; Alexander v Stone, 45 AD2d [1013]*1013216.) The issue before Stiller, J., when he granted plaintiff’s motion to strike Mattone’s answer for failure to submit to an examination before trial, was not identical to that presented when respondent insurer disclaimed for failure of Mattone, the insured, to co-operate in the defense of the action. (Appeal from judgment of Erie Supreme Court—insurance disclaimer.) Present—Cardamone, J. P., Simons, Hancock, Denman and Witmer, JJ.

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

Judgment unanimously affirmed, with costs to petitioner, on the memorandum decision at Trial Term, O’Donnell, J. (See, also, Matter of Empire Mut. Ins. Co. [Stroud], 36 NY2d 719; Alexander v Stone, 45 AD2d [1013]*1013216.) The issue before Stiller, J., when he granted plaintiff’s motion to strike Mattone’s answer for failure to submit to an examination before trial, was not identical to that presented when respondent insurer disclaimed for failure of Mattone, the insured, to co-operate in the defense of the action. (Appeal from judgment of Erie Supreme Court—insurance disclaimer.) Present—Cardamone, J. P., Simons, Hancock, Denman and Witmer, JJ.

Fire v. Bouquin, 58 A.D.2d 1012, 396 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 13232 (N.Y. Ct. App. 1977).

Pincite

58 A.D.2d 1012 (Fire v. Bouquin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related