Legal Opinion

York v. Allstate Indemnity Co.

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

Decided June 28, 2004PublishedCited by 1 opinion

1Opinion of the Court

In an action to enforce a judgment against an insurance carrier, the plaintiff appeals from an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated August 5, 2003, which, after a hearing, denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

*664Ordered that the order is affirmed, with costs.

The initial burden of demonstrating a valid cancellation of a policy is on the insurance company which disclaimed coverage (see DTC Rest. v Public Serv. Mut. Ins. Co., 302 AD2d 349 [2003]; Matter of State Farm Mut. Auto.…

2Cases cited8 opinions

  1. Olesky v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  2. Pressman v. Warwick InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  3. State Farm Mutual Automobile Insurance v. CherianAppellate Division of the Supreme Court of the State of New York · 1994
  4. Bindler v. BrownAppellate Division of the Supreme Court of the State of New York · 1987
  5. Makawi v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Unified Window Systems, Inc. v. Endurance American Specialty Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017

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