Legal Opinion

South American Exchange v. EPIC Security Corp.

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

Decided October 30, 1997Published

1Opinion of the Court

Amended judgment, Supreme Court, New York County (Ira Gammerman, J.), entered April 10, 1996, awarding defendant insurer rescission of the policy it issued to defendant insured, unanimously affirmed, without costs.

The trial court properly granted the insurer’s motion to correct the previously entered judgment to provide that the insurer has the right to rescind the subject policy ab initio, in order to conform the judgment to the court’s pronouncements at the time of trial and give full legal effect to its findings (CPLR 5019 [a]; see, Huot v Dworman, 13 Misc 2d 104, 105, affd 8 AD2d 829).…

2Cases cited4 opinions

  1. Michigan National Bank-Oakland v. American Centennial InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  2. S. J. E. Building Corp. v. Matt O. M. Construction Co.New York Court of Appeals · 1934
  3. Huot v. DwormanNew York Supreme Court · 1958
  4. Huot v. DwormanAppellate Division of the Supreme Court of the State of New York · 1959

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