Kuntz v. National Grange Mutual Insurance

Appellate Division of the Supreme Court of New York

Kuntz v. National Grange Mutual Insurance

224 A.D.2d 1029, 638 N.Y.S.2d 385, 1996 N.Y. App. Div. LEXIS 1731

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

DecidedFebruary 2, 1996

StatusPublished

This text of 224 A.D.2d 1029 (Kuntz v. National Grange Mutual Insurance) 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

Kuntz v. National Grange Mutual Insurance, 224 A.D.2d 1029, 638 N.Y.S.2d 385, 1996 N.Y. App. Div. LEXIS 1731 (N.Y. Ct. App. 1996).

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Opinion

—Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and judgment granted in accordance with the following Memorandum: Because plaintiffs sought declaratory relief, Supreme Court erred in failing to make a declaration when it awarded summary judgment to plaintiffs (see, Matter of Bozer v Higgins, 204 AD2d 979, 980). Thus, we modify the judgment on appeal by granting judgment in favor of plaintiffs declaring that defendant is obligated to provide uninsured motorist coverage to plaintiffs under the terms and conditions of the policy of insurance issued by defendant to plaintiffs. (Appeal from Judgment of Supreme Court, Chautauqua County, Gerace, J. — Declaratory Judgment.) Present — Green, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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—Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and judgment granted in accordance with the following Memorandum: Because plaintiffs sought declaratory relief, Supreme Court erred in failing to make a declaration when it awarded summary judgment to plaintiffs (see, Matter of Bozer v Higgins, 204 AD2d 979, 980). Thus, we modify the judgment on appeal by granting judgment in favor of plaintiffs declaring that defendant is obligated to provide uninsured motorist coverage to plaintiffs under the terms and conditions of the policy of insurance issued by defendant to plaintiffs. (Appeal from Judgment of Supreme Court, Chautauqua County, Gerace, J. — Declaratory Judgment.) Present — Green, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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Bluebook (online)

224 A.D.2d 1029, 638 N.Y.S.2d 385, 1996 N.Y. App. Div. LEXIS 1731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuntz-v-national-grange-mutual-insurance-nyappdiv-1996.

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