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Liberty Mutual Insurance Company v. Graham

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 11, 1981
85 A.D.2d 879 (N.Y. App. Div. 1981)

Opinion

December 11, 1981

Appeal from the Onondaga Supreme Court, Murphy, J.

Present — Dillon, P.J., Hancock, Jr., Callahan, Doerr and Moule, JJ.


Order unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated in the decision at Special Term, Murphy, J. We note, however, that the court's reference to 11 NYCRR 65.15 was in error since that regulation applies only to accidents occurring on or after December 1, 1977. The applicable regulation is 11 NYCRR 65.6, as extant from July 15, 1974 to November 28, 1977. Additionally, since it is unclear in the record when Social Security disability benefits were actually paid to defendant, we note that plaintiff's complaint sets forth only a cause of action for breach of a contract dated March 26, 1977 and does not assert a cause of action for restitution of any such benefits actually paid to defendant prior to the date of the contract.


Summaries of

Liberty Mutual Insurance Company v. Graham

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 11, 1981
85 A.D.2d 879 (N.Y. App. Div. 1981)
Case details for

Liberty Mutual Insurance Company v. Graham

Case Details

Full title:LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. FRANCIS GRAHAM, Appellant

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

Date published: Dec 11, 1981

Citations

85 A.D.2d 879 (N.Y. App. Div. 1981)