Legal Opinion
McCarthy v. United Services Automobile Ass'n
New York Supreme Court
Decided September 2, 1960PublishedCited by 2 opinions
1Opinion of the CourtJ. Robert Lynch, J.
The parties have cross-moved for summary judgment, an appropriate remedy since there is no substantial disagreement on the facts.
On October 18, 1959, defendant’s insured, David Branch, had an argument with his wife at their home in Syracuse. She left the house and Branch followed. A short time later he saw her get into a car driven by the plaintiff, Annie Lee McCarthy, and he jumped into his car with the avowed intention to follow and intercept his wife.
He next saw the McCarthy car when it was on South Townsend Street which is a one-way street. He entered South Townsend, traveling in the…
2Cases cited4 opinions
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Farm Bureau Mut. Automobile Ins. Co. v. HammerCourt of Appeals for the Fourth Circuit · 1949
- Morgan v. Greater New York Taxpayers Mutual InsuranceNew York Court of Appeals · 1953
- De Luca v. Coal Merchants Mutual InsuranceAppellate Terms of the Supreme Court of New York · 1945
3Cited by2 opinions
- Arthur L. Summer v. Victor Chemical Works, a CorporationCourt of Appeals for the Ninth Circuit · 1961
- In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & JermanNew York Supreme Court · 1962