Fabre v. Nationwide Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Queens County (Price, J.), dated June 16, 1999, as denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint since issues of fact exist as to whether the plaintiffs explanations regarding her difficulties in the production of the requested documents were reasonable (see, Alpha Auto Brokers v…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Happy Hank Auction Co. v. American Eagle Fire InsuranceNew York Court of Appeals · 1956
- Alpha Auto Brokers, Ltd. v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1995