Fowler v. Thompson

Appellate Division of the Supreme Court of New York

Fowler v. Thompson

158 A.D.2d 448, 551 N.Y.S.2d 832, 1990 N.Y. App. Div. LEXIS 1241

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

DecidedFebruary 5, 1990

StatusPublished

This text of 158 A.D.2d 448 (Fowler v. Thompson) 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

Fowler v. Thompson, 158 A.D.2d 448, 551 N.Y.S.2d 832, 1990 N.Y. App. Div. LEXIS 1241 (N.Y. Ct. App. 1990).

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Opinion

We agree with the Supreme Court that there are issues of fact which require denial of the motion for summary judgment.

Upon searching the record, we find no merit to the defendants and third-party plaintiffs’ request on appeal for summary judgment as against Western World Insurance Company, Inc. (see, CPLR 3212 [b]) on the ground that the insurance company unreasonably delayed, as a matter of law, in transmitting its notice of disclaimer (see, Zappone v Home Ins. Co., 55 NY2d 131). Mollen, P. J., Lawrence, Rosenblatt and Miller, JJ., concur.

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We agree with the Supreme Court that there are issues of fact which require denial of the motion for summary judgment.

Upon searching the record, we find no merit to the defendants and third-party plaintiffs’ request on appeal for summary judgment as against Western World Insurance Company, Inc. (see, CPLR 3212 [b]) on the ground that the insurance company unreasonably delayed, as a matter of law, in transmitting its notice of disclaimer (see, Zappone v Home Ins. Co., 55 NY2d 131). Mollen, P. J., Lawrence, Rosenblatt and Miller, JJ., concur.

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Bluebook (online)

158 A.D.2d 448, 551 N.Y.S.2d 832, 1990 N.Y. App. Div. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-thompson-nyappdiv-1990.

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