General Accident Fire & Life Assurance Corp. v. Bongiorno

Appellate Division of the Supreme Court of New York

General Accident Fire & Life Assurance Corp. v. Bongiorno

6 A.D.2d 897, 177 N.Y.S.2d 1021, 1958 N.Y. App. Div. LEXIS 5056

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

DecidedJuly 21, 1958

StatusPublished

This text of 6 A.D.2d 897 (General Accident Fire & Life Assurance Corp. v. Bongiorno) 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

General Accident Fire & Life Assurance Corp. v. Bongiorno, 6 A.D.2d 897, 177 N.Y.S.2d 1021, 1958 N.Y. App. Div. LEXIS 5056 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action for a declaratory judgment with respect to respondent’s right to disclaim liability on a certain liability insurance policy which it had issued and for an injunction restraining appellants from bringing any action against respondent based upon or arising out of a certain accident, judgment was rendered after trial in favor of respondent. The appeal is from an order denying appellants’ motion for a new trial or to reopen the trial for the purpose of receiving additional evidence. Order affirmed, without costs. No opinion. Nolan, P. J., Wenzel and Murphy, JJ., concur; Beldock and Kleinfeld, JJ., dissent and vote to reverse the order and to grant the motion on the ground that the new evidence was material; in the interests of justice a new trial should have been granted for the purpose of receiving it.

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In an action for a declaratory judgment with respect to respondent’s right to disclaim liability on a certain liability insurance policy which it had issued and for an injunction restraining appellants from bringing any action against respondent based upon or arising out of a certain accident, judgment was rendered after trial in favor of respondent. The appeal is from an order denying appellants’ motion for a new trial or to reopen the trial for the purpose of receiving additional evidence. Order affirmed, without costs. No opinion. Nolan, P. J., Wenzel and Murphy, JJ., concur; Beldock and Kleinfeld, JJ., dissent and vote to reverse the order and to grant the motion on the ground that the new evidence was material; in the interests of justice a new trial should have been granted for the purpose of receiving it.

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Bluebook (online)

6 A.D.2d 897, 177 N.Y.S.2d 1021, 1958 N.Y. App. Div. LEXIS 5056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-accident-fire-life-assurance-corp-v-bongiorno-nyappdiv-1958.