Jolicoeur v. American Transit Insurance

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on or about January 17, 1989, which denied defendant’s motion for summary judgment and disqualification of plaintiffs’ counsel, and denied plaintiff’s cross motion for summary judgment, unanimously affirmed, without costs.

Summary judgment was properly denied. Questions of fact exist as to whether or not defendant’s conduct, in stating in open court that there was $500,000 in total coverage, allowing that representation to stand uncorrected for three years, and then stating, on the eve of trial, that it did not know…