Gray v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York

Gray v. Aetna Casualty & Surety Co.

156 A.D.2d 979, 550 N.Y.S.2d 868, 1989 N.Y. App. Div. LEXIS 16156

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

DecidedDecember 20, 1989

StatusPublished

This text of 156 A.D.2d 979 (Gray v. Aetna Casualty & Surety Co.) 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

Gray v. Aetna Casualty & Surety Co., 156 A.D.2d 979, 550 N.Y.S.2d 868, 1989 N.Y. App. Div. LEXIS 16156 (N.Y. Ct. App. 1989).

Pincite

Opinion

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Since Janice Gray had no insurable interest in the automobile, it was error for Supreme Court to deny defendant’s motion for summary judgment seeking dismissal of her claim. Defendant’s motion for summary judgment against plaintiff Burke was properly denied because there is an issue of fact whether Burke was a principal with whom defendant had a contractual relationship. (Appeal from order of Supreme Court, Monroe County, Rosenbloom, J.— summary judgment.) Present — Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Since Janice Gray had no insurable interest in the automobile, it was error for Supreme Court to deny defendant’s motion for summary judgment seeking dismissal of her claim. Defendant’s motion for summary judgment against plaintiff Burke was properly denied because there is an issue of fact whether Burke was a principal with whom defendant had a contractual relationship. (Appeal from order of Supreme Court, Monroe County, Rosenbloom, J.— summary judgment.) Present — Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Bluebook (online)

156 A.D.2d 979, 550 N.Y.S.2d 868, 1989 N.Y. App. Div. LEXIS 16156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-aetna-casualty-surety-co-nyappdiv-1989.