NAB Construction Corp. v. Great American Insurance Companies

New York Court of Appeals

NAB Construction Corp. v. Great American Insurance Companies

424 N.E.2d 545, 53 N.Y.2d 964, 441 N.Y.S.2d 658, 1981 N.Y. LEXIS 2512

CourtNew York Court of Appeals

DecidedJune 2, 1981

StatusPublished

Cited by3 cases

This text of 424 N.E.2d 545 (NAB Construction Corp. v. Great American Insurance Companies) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

NAB Construction Corp. v. Great American Insurance Companies, 424 N.E.2d 545, 53 N.Y.2d 964, 441 N.Y.S.2d 658, 1981 N.Y. LEXIS 2512 (N.Y. 1981).

Pincite

Opinion

*966 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, and the question certified answered in the affirmative.

We cannot say, as a matter of law, that the newly discovered evidence presented by plaintiff was insufficient to justify a grant of plaintiff’s motion to renew. In view of this new evidence, a question of fact exists as to whether defendant could properly cancel plaintiff’s insurance policy for nonpayment of premiums. Hence, summary judgment was properly denied.

We have examined the parties’ remaining contentions and have found them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed, etc.

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