Furia v. Mellucci

OPINION OF THE COURT

Lewis R. Friedman, J.

It is the well-established rule in this State that "whether a defendant has or has not obtained insurance is irrelevant to the issues, and, since highly prejudicial, therefore, inadmissible.” (Leotta v Plessinger, 8 NY2d 449, 461; Simpson v Foundation Co., 201 NY 479, 490; Van Romapaye Trucking Corp. v Heebner, 85 NYS2d 347, 348; Butera v Donner, 177 Misc 966, 970; cf., CPLR 3101 [f].) This case raises the question of when, despite that rule, proof of insurance may be admitted in a tort case.

Plaintiff was a mason injured in a fall from a scaffold at a…