Gable v. Preferred Accident Insurance

Appellate Division of the Supreme Court of New York

Gable v. Preferred Accident Insurance

244 A.D. 821

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

DecidedMay 15, 1935

StatusPublished

This text of 244 A.D. 821 (Gable v. Preferred Accident 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

Gable v. Preferred Accident Insurance, 244 A.D. 821 (N.Y. Ct. App. 1935).

Pincite

Opinion

Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Apart from the grounds stated by the trial court, so far as they were based on the record, the judgment is proper. The defendant was estopped by reason of its assuming to act for the defendant Marlowe after and with knowledge of the ostensible acts of lack of co-operation upon which it later upon the trial purported to rely. The desire of the defendant in good faith to have the co-operation of Marlowe is none too evident. Present — Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ.

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Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Apart from the grounds stated by the trial court, so far as they were based on the record, the judgment is proper. The defendant was estopped by reason of its assuming to act for the defendant Marlowe after and with knowledge of the ostensible acts of lack of co-operation upon which it later upon the trial purported to rely. The desire of the defendant in good faith to have the co-operation of Marlowe is none too evident. Present — Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ.

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Bluebook (online)

244 A.D. 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gable-v-preferred-accident-insurance-nyappdiv-1935.