Weiner v. Government Employees Insurance Co. of Washington

In an action on an insurance policy, defendant appeals from an order of the Supreme Court, Westchester County, dated November 14, 1975, which (1) granted plaintiff’s *845motion for summary judgment and (2) denied its cross motion for summary judgment. Order affirmed, with $50 costs and disbursements. The order appealed from, in effect, determined that, although the defendant complied with the statutory requirements of effecting a cancellation under section 167-a (subd [1], par [d]) of the Insurance Law, such cancellation was nugatory since the defendant accepted and cashed a premium check…