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Taveras v. New York Property Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1983
97 A.D.2d 792 (N.Y. App. Div. 1983)

Opinion

November 14, 1983


In an action to recover on an insurance policy, defendant appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated August 13, 1982, which denied its motion for summary judgment. Order affirmed, with costs. (See Bonus Warehouse v Great Atlantic Ins. Co., 93 A.D.2d 615.) We note that Lentini Bros. Moving Stor. Co. v New York Prop. Ins. Underwriting Assn. ( 53 N.Y.2d 835, 837) is inapposite since the Court of Appeals specifically based its decision in that case upon "the insured's unexcused and willful refusal to comply". We find no such unexcused and willful refusal to comply in the instant case. Mollen, P.J., Damiani, Mangano and Gulotta, JJ., concur.


Summaries of

Taveras v. New York Property Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1983
97 A.D.2d 792 (N.Y. App. Div. 1983)
Case details for

Taveras v. New York Property Ins. Underwriting

Case Details

Full title:MANUEL TAVERAS, Respondent, v. NEW YORK PROPERTY INSURANCE UNDERWRITING…

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

Date published: Nov 14, 1983

Citations

97 A.D.2d 792 (N.Y. App. Div. 1983)