Sampson v. State-Wide Insurance

Appellate Terms of the Supreme Court of New York

Sampson v. State-Wide Insurance

19 Misc. 2d 550, 189 N.Y.S.2d 314, 1959 N.Y. Misc. LEXIS 3591

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 28, 1959

StatusPublished

This text of 19 Misc. 2d 550 (Sampson v. State-Wide Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sampson v. State-Wide Insurance, 19 Misc. 2d 550, 189 N.Y.S.2d 314, 1959 N.Y. Misc. LEXIS 3591 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Plaintiff was not entitled to a recovery because of bis failure to serve a copy of his judgment against defendant’s assured with notice of entry upon this defendant at least 30 days prior to the commencement of the within action. Moreover, the failure of defendant’s assured to give notification of the accident or of the suit which plaintiff commenced is a breach of one of the conditions of his insurance policy, and plaintiff’s agreement with the assured not to notify the insurance company of the accident are additional reasons why plaintiff may not recover. The judgment may not therefore be permitted to stand.

The judgment should be reversed, without costs, and judgment directed for defendant, without costs.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

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Per Curiam.

Plaintiff was not entitled to a recovery because of bis failure to serve a copy of his judgment against defendant’s assured with notice of entry upon this defendant at least 30 days prior to the commencement of the within action. Moreover, the failure of defendant’s assured to give notification of the accident or of the suit which plaintiff commenced is a breach of one of the conditions of his insurance policy, and plaintiff’s agreement with the assured not to notify the insurance company of the accident are additional reasons why plaintiff may not recover. The judgment may not therefore be permitted to stand.

The judgment should be reversed, without costs, and judgment directed for defendant, without costs.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

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Bluebook (online)

19 Misc. 2d 550, 189 N.Y.S.2d 314, 1959 N.Y. Misc. LEXIS 3591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-state-wide-insurance-nyappterm-1959.