Cernik v. Sentry Insurance

Appeal from an order of the Supreme Court (Graves, J.), entered September 12, 1986 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was injured in an automobile accident in March 1983. Defendant, the insurance carrier of plaintiff’s vehicle, denied plaintiff first-party benefits on the basis that he was intoxicated at the time of the accident. Consequently, plaintiff instituted this action to recover benefits. Plaintiff has admitted that he pleaded guilty to operating a motor vehicle while under the influence of alcohol as a…