Kovaleski v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York

Kovaleski v. Aetna Casualty & Surety Co.

188 A.D.2d 1045, 592 N.Y.S.2d 1007, 1992 N.Y. App. Div. LEXIS 14905

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

DecidedDecember 30, 1992

StatusPublished

Cited by2 cases

This text of 188 A.D.2d 1045 (Kovaleski 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.

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Kovaleski v. Aetna Casualty & Surety Co., 188 A.D.2d 1045, 592 N.Y.S.2d 1007, 1992 N.Y. App. Div. LEXIS 14905 (N.Y. Ct. App. 1992).

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Opinion

Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly rejected plaintiffs contentions that defendant Aetna Casualty and Surety Company (Aetna) waived its right to claim that its policy with defendant Jaffarian had been cancelled and that Aetna should be es-topped from cancelling Jaffarian’s policy. The court, in granting summary judgment to Aetna, erred, however, in dismissing the complaint, rather than declaring the rights of the parties (see, St. Lawrence Univ. v Trustees of Theol. School of St. Lawrence Univ., 20 NY2d 317, 325; Baier v Town of Ellery, 182 AD2d 1083). Therefore, the order is modified to declare that Aetna’s policy with defendant Jaffarian was effectively cancelled prior to the accident involving Jaffarian and plaintiff’s decedent. (Appeal from Order of Supreme Court, Monroe County, Calvaruso, J. — Summary Judgment.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly rejected plaintiffs contentions that defendant Aetna Casualty and Surety Company (Aetna) waived its right to claim that its policy with defendant Jaffarian had been cancelled and that Aetna should be es-topped from cancelling Jaffarian’s policy. The court, in granting summary judgment to Aetna, erred, however, in dismissing the complaint, rather than declaring the rights of the parties (see, St. Lawrence Univ. v Trustees of Theol. School of St. Lawrence Univ., 20 NY2d 317, 325; Baier v Town of Ellery, 182 AD2d 1083). Therefore, the order is modified to declare that Aetna’s policy with defendant Jaffarian was effectively cancelled prior to the accident involving Jaffarian and plaintiff’s decedent. (Appeal from Order of Supreme Court, Monroe County, Calvaruso, J. — Summary Judgment.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

188 A.D.2d 1045, 592 N.Y.S.2d 1007, 1992 N.Y. App. Div. LEXIS 14905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kovaleski-v-aetna-casualty-surety-co-nyappdiv-1992.

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