Five Corners Foods, Inc. v. Public Service Mutual Insurance

Appellate Division of the Supreme Court of New York

Five Corners Foods, Inc. v. Public Service Mutual Insurance

230 A.D.2d 766, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8392

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

DecidedAugust 12, 1996

StatusPublished

This text of 230 A.D.2d 766 (Five Corners Foods, Inc. v. Public Service 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

Five Corners Foods, Inc. v. Public Service Mutual Insurance, 230 A.D.2d 766, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8392 (N.Y. Ct. App. 1996).

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Opinion

—In an action for a judgment declaring the rights of the parties with respect to an insurance policy, the defendant appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated November 20, 1995, as denied its motion for summary judgment dismissing the complaint, and the plaintiff cross-appeals from so much of the same order as denied its cross motion for summary judgment declaring that the defendant was obligated to defend and indemnify the plaintiff in an underlying negligence action.

Ordered that the order is affirmed, without costs or disbursements.

Questions of fact exist with respect to the plaintiff’s knowledge of the event which is the subject matter of the underlying action and its compliance with the notice requirements of the defendant’s insurance policy (see, Argentina v Otsego Mut. Fire Ins. Co., 86 NY2d 748; Kim v Maher, 226 AD2d 350; Kreger Truck Renting Co. v American Guar. & Liab. Ins. Co., 213 AD2d 453; Winstead v Uniondale Union Free School Dist., 170 AD2d 500).

Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

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—In an action for a judgment declaring the rights of the parties with respect to an insurance policy, the defendant appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated November 20, 1995, as denied its motion for summary judgment dismissing the complaint, and the plaintiff cross-appeals from so much of the same order as denied its cross motion for summary judgment declaring that the defendant was obligated to defend and indemnify the plaintiff in an underlying negligence action.

Ordered that the order is affirmed, without costs or disbursements.

Questions of fact exist with respect to the plaintiff’s knowledge of the event which is the subject matter of the underlying action and its compliance with the notice requirements of the defendant’s insurance policy (see, Argentina v Otsego Mut. Fire Ins. Co., 86 NY2d 748; Kim v Maher, 226 AD2d 350; Kreger Truck Renting Co. v American Guar. & Liab. Ins. Co., 213 AD2d 453; Winstead v Uniondale Union Free School Dist., 170 AD2d 500).

Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

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Bluebook (online)

230 A.D.2d 766, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/five-corners-foods-inc-v-public-service-mutual-insurance-nyappdiv-1996.

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