Legal Opinion

Gilliam v. Lee

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

Decided July 25, 1969PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered January 29, 1968 in favor of defendant after a nonjury trial. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. This action for wrongful death, brought by an ostensibly “ qualified person ” (Insurance Law, § 601, subd. b), was tried before Matter of Nagel (MVAIC) (22 N Y 2d 165) was decided. MVAIC, which undertook the defense of the action (see Insurance Law, § 609, subd. [b]), asserted two separate defenses. The…

2Cases cited9 opinions

  1. Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
  2. Reed v. . McCordNew York Court of Appeals · 1899
  3. In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
  4. Keet v. MurrinNew York Court of Appeals · 1932
  5. Woodland v. CoteAppellate Division of the Supreme Court of the State of New York · 1937

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3Cited by3 opinions

  1. Bigelow-Sanford, Inc. v. Specialized Commercial Floors of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Bevilacqua v. GilbertAppellate Division of the Supreme Court of the State of New York · 1988
  3. Mantilla v. ArasCivil Court of the City of New York · 1975

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