Maggiolo v. GA Insurance

Appellate Division of the Supreme Court of New York

Maggiolo v. GA Insurance

266 A.D.2d 359, 698 N.Y.S.2d 153, 1999 N.Y. App. Div. LEXIS 11537

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

DecidedNovember 15, 1999

StatusPublished

This text of 266 A.D.2d 359 (Maggiolo v. GA 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

Maggiolo v. GA Insurance, 266 A.D.2d 359, 698 N.Y.S.2d 153, 1999 N.Y. App. Div. LEXIS 11537 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for breach of a homeowner’s insurance policy, the defendant appeals from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered November 17, 1998, which, upon an order of the same court, dated October 29, 1998, granting the plaintiff’s motion for summary judgment, is in favor of the plaintiff and against it in the principal sum of $5,500.

Ordered that the judgment is affirmed, with costs.

After the plaintiff established his prima facie entitlement to judgment as a matter of law, the defendant failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether the alleged loss was excluded from coverage under the terms and provisions of the subject policy. Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

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—In an action to recover damages for breach of a homeowner’s insurance policy, the defendant appeals from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered November 17, 1998, which, upon an order of the same court, dated October 29, 1998, granting the plaintiff’s motion for summary judgment, is in favor of the plaintiff and against it in the principal sum of $5,500.

Ordered that the judgment is affirmed, with costs.

After the plaintiff established his prima facie entitlement to judgment as a matter of law, the defendant failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether the alleged loss was excluded from coverage under the terms and provisions of the subject policy. Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

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Bluebook (online)

266 A.D.2d 359, 698 N.Y.S.2d 153, 1999 N.Y. App. Div. LEXIS 11537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maggiolo-v-ga-insurance-nyappdiv-1999.