Ventura v. Northern Assurance Co. of America

Appellate Division of the Supreme Court of New York

Ventura v. Northern Assurance Co. of America

227 A.D.2d 961, 643 N.Y.S.2d 452, 1996 N.Y. App. Div. LEXIS 6894

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 1996·Published

Opinion

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted judgment declaring that the automobile insurance policy issued by defendant to plaintiff does not provide coverage for plaintiffs accident that occurred on November 13, 1991. Procedurally, however, the court should not have dismissed the complaint (see, Tumminello v Tumminello, 204 AD2d 1067). Therefore, we modify the judgment by denying in part defendant’s motion and reinstating the complaint. (Appeal from Judgment of Supreme Court, Oneida County, Grow, J. — Declaratory Judgment.) Present — Pine, J. P., Fallon, Callahan, Doerr and Davis, JJ.

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Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted judgment declaring that the automobile insurance policy issued by defendant to plaintiff does not provide coverage for plaintiffs accident that occurred on November 13, 1991. Procedurally, however, the court should not have dismissed the complaint (see, Tumminello v Tumminello, 204 AD2d 1067). Therefore, we modify the judgment by denying in part defendant’s motion and reinstating the complaint. (Appeal from Judgment of Supreme Court, Oneida County, Grow, J. — Declaratory Judgment.) Present — Pine, J. P., Fallon, Callahan, Doerr and Davis, JJ.

Ventura v. Northern Assurance Co. of America, 227 A.D.2d 961, 643 N.Y.S.2d 452, 1996 N.Y. App. Div. LEXIS 6894 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 961 (Ventura v. Northern Assurance Co. of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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