Kitchen & Bath Creations, Ltd. v. Guardian Life Insurance of America

Appellate Division of the Supreme Court of New York

Kitchen & Bath Creations, Ltd. v. Guardian Life Insurance of America

278 A.D.2d 16, 717 N.Y.S.2d 149, 2000 N.Y. App. Div. LEXIS 12694

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

DecidedDecember 5, 2000

StatusPublished

This text of 278 A.D.2d 16 (Kitchen & Bath Creations, Ltd. v. Guardian Life Insurance of America) 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

Kitchen & Bath Creations, Ltd. v. Guardian Life Insurance of America, 278 A.D.2d 16, 717 N.Y.S.2d 149, 2000 N.Y. App. Div. LEXIS 12694 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 16, 1999, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant insurer established its prima facie entitlement to judgment in its favor as a matter of law by adducing proof demonstrating that it had never insured the decedent’s life, and, indeed, that the decedent would not have been acceptable to it as a standard risk. Therefore, plaintiff, the alleged beneficiary of the policy purportedly issued by defendant insuring the decedent, was required to submit, in opposition to defendant’s showing, evidentiary proof, in admissible form, demonstrating the existence of material questions of fact as to whether the alleged coverage existed (see, Zuckerman v City of New York, 49 NY2d 557, 562). This plaintiff failed to do. Therefore, the IAS Court properly granted defendant’s motion. Concur — Williams, J. P., Mazzarelli, Ellerin, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 16, 1999, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant insurer established its prima facie entitlement to judgment in its favor as a matter of law by adducing proof demonstrating that it had never insured the decedent’s life, and, indeed, that the decedent would not have been acceptable to it as a standard risk. Therefore, plaintiff, the alleged beneficiary of the policy purportedly issued by defendant insuring the decedent, was required to submit, in opposition to defendant’s showing, evidentiary proof, in admissible form, demonstrating the existence of material questions of fact as to whether the alleged coverage existed (see, Zuckerman v City of New York, 49 NY2d 557, 562). This plaintiff failed to do. Therefore, the IAS Court properly granted defendant’s motion. Concur — Williams, J. P., Mazzarelli, Ellerin, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D.2d 16, 717 N.Y.S.2d 149, 2000 N.Y. App. Div. LEXIS 12694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitchen-bath-creations-ltd-v-guardian-life-insurance-of-america-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack