Gilliam v. Lee
Appellate Division of the Supreme Court of the State of New York
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
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- Reed v. . McCordNew York Court of Appeals · 1899
- In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
- Keet v. MurrinNew York Court of Appeals · 1932
- Woodland v. CoteAppellate Division of the Supreme Court of the State of New York · 1937
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3Cited by3 opinions
- Bigelow-Sanford, Inc. v. Specialized Commercial Floors of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Bevilacqua v. GilbertAppellate Division of the Supreme Court of the State of New York · 1988
- Mantilla v. ArasCivil Court of the City of New York · 1975