Grynbal v. Grynbal

Bennan, J. (dissenting).

The claimed absence of proof in the record concerning the plaintiff’s assignment to the defendant Grynbal’s carrier is immaterial. It should be noted that the defendants Mandel do not question that such an assignment existed, but, rather, inf eren tially challenge it on the ground that it may not have been executed pursuant to the Grynbal’s insurance policy provisions (cf. Miller v. Liberty Mut. Fire Ins. Co., 29 A D 2d 982). Nevertheless, the plaintiff’s attorney, in his affirmation submitted on the motion to reargue, averred that such an assignment occurred. This…