Sheldon v. Northeastern Fire Insurance

Appellate Division of the Supreme Court of New York

Sheldon v. Northeastern Fire Insurance

76 A.D.2d 860, 428 N.Y.S.2d 1013, 1980 N.Y. App. Div. LEXIS 11917

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

DecidedJune 9, 1980

StatusPublished

Cited by1 cases

This text of 76 A.D.2d 860 (Sheldon v. Northeastern Fire 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

Sheldon v. Northeastern Fire Insurance, 76 A.D.2d 860, 428 N.Y.S.2d 1013, 1980 N.Y. App. Div. LEXIS 11917 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to recover under an automobile insurance policy issued by defendant, plaintiff appeals from an order of the Supreme Court, Nassau County, entered February 11, 1980, which denied plaintiff’s motion for summary judgment. Order affirmed, with $50 costs and disbursements. We agree that a question of fact exists as to whether plaintiff was operating the insured vehicle for a business use at the time of the accident. However, contrary to Special Term’s finding, we conclude that upon an examination of the policy and the entire record, there is an additional question of fact as to the extent of the coverage intended by the parties, which must be determined at a plenary trial. Mangano, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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In an action to recover under an automobile insurance policy issued by defendant, plaintiff appeals from an order of the Supreme Court, Nassau County, entered February 11, 1980, which denied plaintiff’s motion for summary judgment. Order affirmed, with $50 costs and disbursements. We agree that a question of fact exists as to whether plaintiff was operating the insured vehicle for a business use at the time of the accident. However, contrary to Special Term’s finding, we conclude that upon an examination of the policy and the entire record, there is an additional question of fact as to the extent of the coverage intended by the parties, which must be determined at a plenary trial. Mangano, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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Bluebook (online)

76 A.D.2d 860, 428 N.Y.S.2d 1013, 1980 N.Y. App. Div. LEXIS 11917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheldon-v-northeastern-fire-insurance-nyappdiv-1980.

Opinion

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