Home/New York Court of Appeals/Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance

Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance

559 N.E.2d 1283, 76 N.Y.2d 841, 560 N.Y.S.2d 124, 1990 N.Y. LEXIS 1983
CourtNew York Court of Appeals
DecidedJuly 10, 1990
StatusPublished
Cited by12 cases

This text of 559 N.E.2d 1283 (Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance, 559 N.E.2d 1283, 76 N.Y.2d 841, 560 N.Y.S.2d 124, 1990 N.Y. LEXIS 1983 (N.Y. 1990).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. We agree with the Appellate Division that "[w]here, as here, the policy is ambiguous, and no extrinsic evidence [was] offered from which the jury could conclude that the policy should be interpreted in favor of the insurer, [the direction of] a verdict in favor of the insured [was warranted]” (Tri Town Antlers Found. v Fireman’s Fund Ins. Co., 158 AD2d 908,909; see, Hartford Acc. & Indem. Co. v Wesolowski, 33 NY2d 169, 172; City of Albany v Standard Acc. Ins. Co., 7 NY2d 422, 430).

*843 Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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Bluebook (online)
559 N.E.2d 1283, 76 N.Y.2d 841, 560 N.Y.S.2d 124, 1990 N.Y. LEXIS 1983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tri-town-antlers-foundation-inc-v-firemans-fund-insurance-ny-1990.