Legal Opinion

McCarthy v. Commercial Union Insurance

New York Supreme Court

Decided December 3, 2002PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Alan L. Lebowitz, J.

Defendant’s motion for summary judgment dismissing the complaint is denied.

This action arises out of an automobile accident which occurred shortly before 11:00 p.m. on the night of February 8, 1995, when plaintiff’s vehicle came into contact with a wooden utility pole located on the north side of Richmond Terrace in the Borough of Staten Island. After initially paying 100% of plaintiff’s claims for no-fault benefits and the like, defendant, plaintiff’s insurer, issued a denial of coverage in or about December of 1995 predicated on the receipt of…

2Cases cited16 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
  4. Ritt v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1992
  5. Partlow v. MeehanAppellate Division of the Supreme Court of the State of New York · 1989

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

3Cited by1 opinion

  1. Westchester Medical Center v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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