Dawley v. Minier

Pine and Balio, JJ.

(dissenting). We dissent and vote to affirm. At Special Term, defendant submitted only an affidavit of defense counsel stating that he had been told by the carrier that the case had been settled. Plaintiff submitted in opposition an affidavit by an associate in his attorney’s firm that some four months earlier, on November 12, 1985, his firm had sent a "bad faith” letter to defendant’s carrier offering to settle for the policy limits. The letter, attached to the affidavit, described the negotiations that had occurred. It said that decedent was a 65-year-old employed…