Garrow v. Lincoln Fire Insurance

Appellate Terms of the Supreme Court of New York

Garrow v. Lincoln Fire Insurance

152 Misc. 423, 273 N.Y.S. 492, 1934 N.Y. Misc. LEXIS 1498

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 7, 1934

StatusPublished

Cited by1 cases

This text of 152 Misc. 423 (Garrow v. Lincoln Fire Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrow v. Lincoln Fire Insurance, 152 Misc. 423, 273 N.Y.S. 492, 1934 N.Y. Misc. LEXIS 1498 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

There being issues of fact as to whether the policy was procured through fraud, it was error to award summary judgment in this action for the cancellation value. The statute (Insurance Law, § 122) gives no right of action based on a policy procured through fraud.

Judgment and orders reversed, with ten dollars costs to appellant to abide the event, motion for summary judgment denied, and motion to consolidate actions granted.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Per Curiam.

There being issues of fact as to whether the policy was procured through fraud, it was error to award summary judgment in this action for the cancellation value. The statute (Insurance Law, § 122) gives no right of action based on a policy procured through fraud.

Judgment and orders reversed, with ten dollars costs to appellant to abide the event, motion for summary judgment denied, and motion to consolidate actions granted.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Bluebook (online)

152 Misc. 423, 273 N.Y.S. 492, 1934 N.Y. Misc. LEXIS 1498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrow-v-lincoln-fire-insurance-nyappterm-1934.

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