Legal Opinion · Concurrence

Liberto v. Worcester Mutual Insurance

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

Decided July 6, 1982Published

1ConcurrenceMangano, J.

I concur in the majority’s result for a very narrow reason.

Upon reviewing the record, I am convinced that the Family Court files and the testimony of State Police Investigator Crodelle were solely introduced to prove plaintiff’s motive for causing or procuring by arson the fire of the subject premises. This evidence demonstrated that plaintiff and his former wife had been involved in a prolonged and bitter dispute, arising out of the deterioration and dissolution of their marriage. This dispute, and the animosity that fueled it, were apparent in the Family Court proceedings commenced by both…

2Cases cited6 opinions

  1. MATTER OF BERGSTEIN v. Bd. of Educ.New York Court of Appeals · 1974
  2. Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
  3. V. F. V. Construction Co. v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
  4. Republic Aviation Corp. v. Republic Lodge No. 1987New York Supreme Court · 1957
  5. Anderson v. General Accident Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1977

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