State Farm Mutual Automobile Insurance v. Mercedes-Benz of North America, Inc.

Appellate Division of the Supreme Court of New York

State Farm Mutual Automobile Insurance v. Mercedes-Benz of North America, Inc.

286 A.D.2d 763, 730 N.Y.S.2d 719, 2001 N.Y. App. Div. LEXIS 8875

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

DecidedSeptember 24, 2001

StatusPublished

This text of 286 A.D.2d 763 (State Farm Mutual Automobile Insurance v. Mercedes-Benz of North America, Inc.) 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

State Farm Mutual Automobile Insurance v. Mercedes-Benz of North America, Inc., 286 A.D.2d 763, 730 N.Y.S.2d 719, 2001 N.Y. App. Div. LEXIS 8875 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover benefits paid under a policy of insurance, the defendants Mercedes-Benz of North America, Inc., and Rallye Motors, Inc., appeal from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), dated November 14, 2000, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants’ motion which was for summary judgment dismissing the complaint insofar as asserted against them (see, Derdiarian v Felix Contr. Co., 51 NY2d 308, 315). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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—In an action to recover benefits paid under a policy of insurance, the defendants Mercedes-Benz of North America, Inc., and Rallye Motors, Inc., appeal from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), dated November 14, 2000, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants’ motion which was for summary judgment dismissing the complaint insofar as asserted against them (see, Derdiarian v Felix Contr. Co., 51 NY2d 308, 315). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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Bluebook (online)

286 A.D.2d 763, 730 N.Y.S.2d 719, 2001 N.Y. App. Div. LEXIS 8875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-mercedes-benz-of-north-america-nyappdiv-2001.

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