Legal Opinion

Walton v. Lumberman's Mutual Casualty Co.

New York Supreme Court

Decided October 4, 1994PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Thomas W. Keegan, J.

Plaintiff moves this court for an order granting summary judgment, pursuant to CPLR 3212, in this action for first-party benefits claimed to be due him under a policy issued by the defendant in accordance with article 51 of the Insurance Law, commonly known as the "No-Fault” Law. Defendant cross-moves for summary judgment, seeking dismissal of the plaintiff’s claim.

On January 2, 1993, plaintiff was operating a tractor-trailer owned by Crowley Foods, Inc. in the course of his employment with Crowley Foods. Plaintiff was delivering dairy products to the…

2Cases cited10 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
  3. In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
  4. Cosmopolitan Mutual Insurance v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1963
  5. Utica Mutual Insurance v. Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by1 opinion

  1. Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996

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