National Grange Mutual Insurance v. Malone

Appellate Division of the Supreme Court of New York

National Grange Mutual Insurance v. Malone

17 A.D.2d 638, 230 N.Y.S.2d 676, 1962 N.Y. App. Div. LEXIS 8677

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

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 638 (National Grange Mutual Insurance v. Malone) 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

National Grange Mutual Insurance v. Malone, 17 A.D.2d 638, 230 N.Y.S.2d 676, 1962 N.Y. App. Div. LEXIS 8677 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action for a declaratory judgment to determine whether, under an automobile liability insurance policy issued to defendant Pearly Malone by the plaintiff insurer, it properly disclaimed liability with respect to a collision involving said insured and her codefendant Miles, the plaintiff insurer appeals from two orders of the Supreme Court, Kings County, dated April 3, 1962. One order denied its motion: (a) to strike out as patently insufficient the insured’s counterclaim to declare plaintiff obligated to defend a negligence action instituted against her by the said Miles (Rules Civ. Prac., rule 109, subds. 5, 6); and (b) for judgment on the pleadings (Rules Civ. Prac., rule 112). The other order denied its motion for summary judgment (Rules Civ. Prac., rule 113). Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur. [33 Misc 2d 378.]

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In an action for a declaratory judgment to determine whether, under an automobile liability insurance policy issued to defendant Pearly Malone by the plaintiff insurer, it properly disclaimed liability with respect to a collision involving said insured and her codefendant Miles, the plaintiff insurer appeals from two orders of the Supreme Court, Kings County, dated April 3, 1962. One order denied its motion: (a) to strike out as patently insufficient the insured’s counterclaim to declare plaintiff obligated to defend a negligence action instituted against her by the said Miles (Rules Civ. Prac., rule 109, subds. 5, 6); and (b) for judgment on the pleadings (Rules Civ. Prac., rule 112). The other order denied its motion for summary judgment (Rules Civ. Prac., rule 113). Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur. [33 Misc 2d 378.]

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Bluebook (online)

17 A.D.2d 638, 230 N.Y.S.2d 676, 1962 N.Y. App. Div. LEXIS 8677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-grange-mutual-insurance-v-malone-nyappdiv-1962.

Opinion

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