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

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

DecidedMay 31, 1996

StatusPublished

This text of 227 A.D.2d 961 (Ventura v. Northern Assurance Co. of America) 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

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

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.

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Bluebook (online)

227 A.D.2d 961, 643 N.Y.S.2d 452, 1996 N.Y. App. Div. LEXIS 6894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventura-v-northern-assurance-co-of-america-nyappdiv-1996.

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