Siegel v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Siegel v. Allstate Insurance

248 A.D.2d 171, 670 N.Y.S.2d 769, 1998 N.Y. App. Div. LEXIS 2366

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

DecidedMarch 10, 1998

StatusPublished

This text of 248 A.D.2d 171 (Siegel v. Allstate 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

Siegel v. Allstate Insurance, 248 A.D.2d 171, 670 N.Y.S.2d 769, 1998 N.Y. App. Div. LEXIS 2366 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a memorandum decision (denominated an order), Supreme Court, Bronx County (Jerry Crispino, J.), entered September 25, 1996, unanimously dismissed, without costs, as taken from a nonappealable paper.

An appeal does not lie from a mere decision such as the paper from which defendant purports to appeal (see, Talcott Factors v Larfred, Inc., 115 AD2d 397, Iv dismissed 67 NY2d 604; Matter of Conforti & Eisele [William J. Scully, Inc.], 98 AD2d 646, Iv denied 61 NY2d 606). Were we to deem the appeal properly taken from a duly entered appealable order or judgment, we would uphold a grant of summary judgment to plaintiff to the extent of declaring that defendant is obligated to provide plaintiff a defense in the underlying action. There is no indication in the record that defendant insurer ever mailed plaintiff insured the exclusion upon which defendant would now rely (see, Insurance Law § 3425 [d] [1]), and it is undisputed that the policy as originally issued obligated defendant to provide plaintiff a defense in the underlying tort action.

Concur— Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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—Appeal from a memorandum decision (denominated an order), Supreme Court, Bronx County (Jerry Crispino, J.), entered September 25, 1996, unanimously dismissed, without costs, as taken from a nonappealable paper.

An appeal does not lie from a mere decision such as the paper from which defendant purports to appeal (see, Talcott Factors v Larfred, Inc., 115 AD2d 397, Iv dismissed 67 NY2d 604; Matter of Conforti & Eisele [William J. Scully, Inc.], 98 AD2d 646, Iv denied 61 NY2d 606). Were we to deem the appeal properly taken from a duly entered appealable order or judgment, we would uphold a grant of summary judgment to plaintiff to the extent of declaring that defendant is obligated to provide plaintiff a defense in the underlying action. There is no indication in the record that defendant insurer ever mailed plaintiff insured the exclusion upon which defendant would now rely (see, Insurance Law § 3425 [d] [1]), and it is undisputed that the policy as originally issued obligated defendant to provide plaintiff a defense in the underlying tort action.

Concur— Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 171, 670 N.Y.S.2d 769, 1998 N.Y. App. Div. LEXIS 2366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegel-v-allstate-insurance-nyappdiv-1998.

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