Stuyvesant Insurance v. Renaldo

Defendant moves to dismiss the complaint for legal insufficiency. Plaintiff cross-moves for summary judgment.

In this action plaintiff insurer seeks reimbursement from defendant insured for the sum of $14,000 which the former paid out in settlement of an action to recover damages for personal injuries brought on behalf of one Cosgrove against defendant as owner of an automobile and his son as operator.

In his application for insurance defendant stated that there were no drivers in his household under the age of 25 years. In his moving affidavit on this application defendant avers that at the…