Zoneinshein v. Kohn

Appellate Division of the Supreme Court of New York

Zoneinshein v. Kohn

203 A.D.2d 561, 612 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 4340

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

DecidedApril 25, 1994

StatusPublished

This text of 203 A.D.2d 561 (Zoneinshein v. Kohn) 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

Zoneinshein v. Kohn, 203 A.D.2d 561, 612 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 4340 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages for personal injuries, etc., the third-party defendant Herman Neuschlos d/b/a Herman Neuschlos Insurance appeals from an order of the Supreme Court, Kings County (Held, J.), dated July 22, 1992, which, inter alia, denied that branch of his motion which was to dismiss the third-party complaint pursuant to CPLR 3211 (a) (1) insofar as it is asserted against him.

Ordered that the order is affirmed, without costs or disbursements.

The appellant allegedly agreed to obtain liability insurance for the third-party plaintiffs. Since there remains a factual question as to whether the appellant gave reasonable notice that the insurance had not been obtained (see, Erwig v Cook Agency, 173 AD2d 439; Riedman Agency v Meaott Constr. Corp., 90 AD2d 963), the court correctly denied the appellant’s motion pursuant to CPLR 3211 (a) (1). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the third-party defendant Herman Neuschlos d/b/a Herman Neuschlos Insurance appeals from an order of the Supreme Court, Kings County (Held, J.), dated July 22, 1992, which, inter alia, denied that branch of his motion which was to dismiss the third-party complaint pursuant to CPLR 3211 (a) (1) insofar as it is asserted against him.

Ordered that the order is affirmed, without costs or disbursements.

The appellant allegedly agreed to obtain liability insurance for the third-party plaintiffs. Since there remains a factual question as to whether the appellant gave reasonable notice that the insurance had not been obtained (see, Erwig v Cook Agency, 173 AD2d 439; Riedman Agency v Meaott Constr. Corp., 90 AD2d 963), the court correctly denied the appellant’s motion pursuant to CPLR 3211 (a) (1). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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Bluebook (online)

203 A.D.2d 561, 612 N.Y.S.2d 932, 1994 N.Y. App. Div. LEXIS 4340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zoneinshein-v-kohn-nyappdiv-1994.

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