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Arbital v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 2001
282 A.D.2d 560 (N.Y. App. Div. 2001)

Opinion

Argued March 27, 2001

April 16, 2001

In an action to recover damages for breach of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Dunn, J.), entered March 1, 2000, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $81,000.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY HOWARD MILLER, JJ.

Feldman, Rudy, Kirby Farquharson, P.C., Westbury, N.Y. (Bruce W. Farquharson of counsel), for appellant.

Wilkofsky, Friedman, Karel Cummins, New York, N.Y. (Mark L. Friedman of counsel), for respondent.

O'BRIEN, J.P., ALTMAN, McGINITY and H. MILLER, JJ., concur.


DECISION ORDER

ORDERED that the judgment is reversed, on the law, with costs, and a new trial is granted.

The cumulative effect of the trial errors in this case, including the improper restriction of cross-examination, deprived the defendant of a fair trial (see, Shenorock Shore Club v. Rollins Agency, 270 A.D.2d 330; Hill v. Arnold, 226 A.D.2d 232).

The defendant's remaining contentions are without merit.


Summaries of

Arbital v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 2001
282 A.D.2d 560 (N.Y. App. Div. 2001)
Case details for

Arbital v. Allstate Insurance Company

Case Details

Full title:Donald David Arbital, respondent, v. Allstate Insurance Company, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 16, 2001

Citations

282 A.D.2d 560 (N.Y. App. Div. 2001)
723 N.Y.S.2d 386

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