Home/Appellate Division of the Supreme Court of New York/Volkots v. Blue Cross of Western New York, Inc.

Volkots v. Blue Cross of Western New York, Inc.

177 A.D.2d 978, 579 N.Y.S.2d 918, 1991 N.Y. App. Div. LEXIS 15720
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 1991
StatusPublished

This text of 177 A.D.2d 978 (Volkots v. Blue Cross of Western New York, 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
Volkots v. Blue Cross of Western New York, Inc., 177 A.D.2d 978, 579 N.Y.S.2d 918, 1991 N.Y. App. Div. LEXIS 15720 (N.Y. Ct. App. 1991).

Opinion

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly concluded that plaintiff was not a third-party beneficiary under an individual insurance contract between defendant and plaintiff’s deceased husband; therefore, plaintiff did not have the right to enforce the contract (see, Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 NY2d 38, 44; Airco Alloys Div. v Niagara Mohawk Power Corp., 76 AD2d 68, 79). However, Supreme Court erred by conditionally granting defendant’s motion to dismiss the complaint. The complaint should have been dismissed without condition. (Appeals from Order of Supreme Court, Erie County, Doyle, J.—Dismiss Complaint.) Present—Callahan, A- P. J., Doerr, Boomer, Balio and Láwton, JJ.

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Related

Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.
485 N.E.2d 208 (New York Court of Appeals, 1985)
Airco Alloys Division v. Niagara Mohawk Power Corp.
76 A.D.2d 68 (Appellate Division of the Supreme Court of New York, 1980)

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Bluebook (online)
177 A.D.2d 978, 579 N.Y.S.2d 918, 1991 N.Y. App. Div. LEXIS 15720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/volkots-v-blue-cross-of-western-new-york-inc-nyappdiv-1991.