Morrow v. Ætna Casualty & Surety Co.

This is an appeal from an order of the City Court of the City of Syracuse denying defendant’s motion for summary judgment pursuant to CPLR 3212 upon the ground that there are no triable issues of fact. (The lower court’s decision is reported in 50 Misc 2d 189.)

This action was instituted by the plaintiff to recover for damages to his automobile caused when it came in contact with a deer on the Massachusetts Turnpike. He claims that the damage so caused was covered under a comprehensive provision of an insurance policy issued by the defendant. This policy excludes any damages caused by…