Unirisc, Inc. v. Walton P. Davis Moving & Storage Co.

Appellate Division of the Supreme Court of New York

Unirisc, Inc. v. Walton P. Davis Moving & Storage Co.

7 A.D.3d 786, 776 N.Y.S.2d 873, 2004 N.Y. App. Div. LEXIS 7268

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

DecidedMay 24, 2004

StatusPublished

This text of 7 A.D.3d 786 (Unirisc, Inc. v. Walton P. Davis Moving & Storage Co.) 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

Unirisc, Inc. v. Walton P. Davis Moving & Storage Co., 7 A.D.3d 786, 776 N.Y.S.2d 873, 2004 N.Y. App. Div. LEXIS 7268 (N.Y. Ct. App. 2004).

Pincite

Opinion

[787]*787In an action to recover an insurance deductible, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Dunne, J.), dated February 5, 2003, as granted its cross motion for summary judgment only to the extent of awarding it $500.

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

The Supreme Court properly granted the plaintiffs cross motion for summary judgment only to the extent of awarding it $500. In its papers in support of the cross motion, the plaintiff clearly and repeatedly indicated that it was seeking to recover the deductible on an insurance policy issued to the defendant, and that it was not seeking to recover based upon a separate agreement entered into by the parties. Since the plain language of the insurance policy clearly limited the defendant’s deductible to $500, the Supreme Court properly awarded that amount to the plaintiff.

The plaintiffs remaining contention is without merit. Smith, J.P., Krausman, Crane and Mastro, JJ., concur.

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[787]*787In an action to recover an insurance deductible, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Dunne, J.), dated February 5, 2003, as granted its cross motion for summary judgment only to the extent of awarding it $500.

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

The Supreme Court properly granted the plaintiffs cross motion for summary judgment only to the extent of awarding it $500. In its papers in support of the cross motion, the plaintiff clearly and repeatedly indicated that it was seeking to recover the deductible on an insurance policy issued to the defendant, and that it was not seeking to recover based upon a separate agreement entered into by the parties. Since the plain language of the insurance policy clearly limited the defendant’s deductible to $500, the Supreme Court properly awarded that amount to the plaintiff.

The plaintiffs remaining contention is without merit. Smith, J.P., Krausman, Crane and Mastro, JJ., concur.

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Bluebook (online)

7 A.D.3d 786, 776 N.Y.S.2d 873, 2004 N.Y. App. Div. LEXIS 7268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unirisc-inc-v-walton-p-davis-moving-storage-co-nyappdiv-2004.