Lumbermens Mutual Casualty Co. v. Farkas

Appellate Division of the Supreme Court of New York

Lumbermens Mutual Casualty Co. v. Farkas

90 A.D.2d 808, 455 N.Y.S.2d 747, 1982 N.Y. App. Div. LEXIS 19035

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

DecidedNovember 15, 1982

StatusPublished

This text of 90 A.D.2d 808 (Lumbermens Mutual Casualty Co. v. Farkas) 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

Lumbermens Mutual Casualty Co. v. Farkas, 90 A.D.2d 808, 455 N.Y.S.2d 747, 1982 N.Y. App. Div. LEXIS 19035 (N.Y. Ct. App. 1982).

Pincite

Opinion

In an action for a declaratory judgment, defendants Aetna Casualty & Surety Company, Firemen’s Fund Insurance Company of Newark, New Jersey, and Jack Davis appeal (1) from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated January 18, 1982, which (a) granted plaintiff’s motion for summary judgment, (b) denied their cross motion for summary judgment, and (c) declared that plaintiff was not obligated to defend or indemnify its insureds (Joseph and Gizella Farkas) in a certain underlying action and (2) from so much of a further order of the same court, dated April 2, 1982, as, upon reargument, adhered to the original determination. (An appeal by the defendants Farkas from the order dated Jan. 18, 1982, has apparently been abandoned.) Appeal from the order dated January 18, 1982 dismissed as academic, without costs or disbursements. That order was superseded by the order granting reargument. Order dated April 2, 1982 modified by adding thereto, after the provision adhering to the original determination, the following: “except that so much of the prior order as granted plaintiff’s motion for summary judgment and made a declaration in plaintiff’s favor is vacated and its motion is denied.” As so modified, order affirmed insofar as appealed from, without costs or disbursements. There are issues of fact as to whether the actions of the son of the plaintiff’s insureds fell within the policy provision excluding coverage for “damage to or destruction of property * * * caused intentionally by any insured”. Gibbons, J. P., Weinstein, Thompson and Rubin, JJ., concur.

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

In an action for a declaratory judgment, defendants Aetna Casualty & Surety Company, Firemen’s Fund Insurance Company of Newark, New Jersey, and Jack Davis appeal (1) from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated January 18, 1982, which (a) granted plaintiff’s motion for summary judgment, (b) denied their cross motion for summary judgment, and (c) declared that plaintiff was not obligated to defend or indemnify its insureds (Joseph and Gizella Farkas) in a certain underlying action and (2) from so much of a further order of the same court, dated April 2, 1982, as, upon reargument, adhered to the original determination. (An appeal by the defendants Farkas from the order dated Jan. 18, 1982, has apparently been abandoned.) Appeal from the order dated January 18, 1982 dismissed as academic, without costs or disbursements. That order was superseded by the order granting reargument. Order dated April 2, 1982 modified by adding thereto, after the provision adhering to the original determination, the following: “except that so much of the prior order as granted plaintiff’s motion for summary judgment and made a declaration in plaintiff’s favor is vacated and its motion is denied.” As so modified, order affirmed insofar as appealed from, without costs or disbursements. There are issues of fact as to whether the actions of the son of the plaintiff’s insureds fell within the policy provision excluding coverage for “damage to or destruction of property * * * caused intentionally by any insured”. Gibbons, J. P., Weinstein, Thompson and Rubin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.2d 808, 455 N.Y.S.2d 747, 1982 N.Y. App. Div. LEXIS 19035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumbermens-mutual-casualty-co-v-farkas-nyappdiv-1982.