Ross v. Pawtucket Mutual Insurance

Appellate Division of the Supreme Court of New York

Ross v. Pawtucket Mutual Insurance

17 A.D.2d 641, 1962 N.Y. App. Div. LEXIS 8689

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

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 641 (Ross v. Pawtucket 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

Ross v. Pawtucket Mutual Insurance, 17 A.D.2d 641, 1962 N.Y. App. Div. LEXIS 8689 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action by an insured against the insurer [642]*642under a policy of automobile collision insurance, to recover for the damage caused to his (plaintiff’s) automobile by a collision between that vehicle and one owned and operated by Tillie and Maurice Moss, respectively, the defendant and third-party plaintiff (insurer) appeals from an order of the Supreme Court, Nassau County, dated September 6, 1961, which dismissed its third-party complaint as insufficient in law, pursuant to rule 106 of the Rules of Civil Practice and section 193-a of the Civil Practice Act. The insurer served a third-party complaint on the third-party defendants Moss, alleging that the collision was caused solely by their negligence and not through any fault of the plaintiff, and that the contract of insurance which it issued to plaintiff pi’ovided that, in the event any payment for collision loss be made to plaintiff, the insurer would then be subrogated to any right which plaintiff might have against any third party. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

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In an action by an insured against the insurer [642]*642under a policy of automobile collision insurance, to recover for the damage caused to his (plaintiff’s) automobile by a collision between that vehicle and one owned and operated by Tillie and Maurice Moss, respectively, the defendant and third-party plaintiff (insurer) appeals from an order of the Supreme Court, Nassau County, dated September 6, 1961, which dismissed its third-party complaint as insufficient in law, pursuant to rule 106 of the Rules of Civil Practice and section 193-a of the Civil Practice Act. The insurer served a third-party complaint on the third-party defendants Moss, alleging that the collision was caused solely by their negligence and not through any fault of the plaintiff, and that the contract of insurance which it issued to plaintiff pi’ovided that, in the event any payment for collision loss be made to plaintiff, the insurer would then be subrogated to any right which plaintiff might have against any third party. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

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Bluebook (online)

17 A.D.2d 641, 1962 N.Y. App. Div. LEXIS 8689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-pawtucket-mutual-insurance-nyappdiv-1962.