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

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

DecidedJuly 12, 1977

StatusPublished

This text of 58 A.D.2d 1012 (Fire v. Bouquin) 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

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).

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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.

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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.

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Bluebook (online)

58 A.D.2d 1012, 396 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 13232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fire-v-bouquin-nyappdiv-1977.

Opinion

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