From Casetext: Smarter Legal Research

Ferraro v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 1022 (N.Y. App. Div. 1986)

Opinion

January 24, 1986

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Callahan, J.P., Doerr, Boomer, Pine and Schnepp, JJ.


Order unanimously affirmed, with costs to plaintiffs. Memorandum: Special Term did not abuse its discretion in refusing to grant an unconditional order of preclusion. Thus, plaintiffs motion for summary judgment was properly denied.

The cross motion for a protective order was properly denied since defendant failed to meet its burden of proving that the information sought by plaintiffs is privileged (see, Fonda v Nationwide Mut. Fire Ins. Co., 99 A.D.2d 680; Hawley v Travelers Indem. Co., 90 A.D.2d 684). Defendant's affidavit opposing discovery contains conclusory and hearsay statements and fails to state facts showing that it had made a decision to reject the claim either before it hired an attorney to investigate the fire or at any time before it notified plaintiffs of the rejection.


Summaries of

Ferraro v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 1022 (N.Y. App. Div. 1986)
Case details for

Ferraro v. United States Fidelity & Guaranty Co.

Case Details

Full title:THERESA FERRARO et al., Individually and Formerly Doing Business as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 24, 1986

Citations

116 A.D.2d 1022 (N.Y. App. Div. 1986)

Citing Cases

Gentile v. Wakeel

) For example, where an insurance carrier retains an expert to investigate a fire loss, that expert's report…