From Casetext: Smarter Legal Research

Mainella v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 365 (N.Y. App. Div. 2000)

Opinion

Submitted December 22, 1999

February 10, 2000

In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated February 1, 1999, which denied its motion for summary judgment dismissing the complaint.

Lewis, Johs, Avallone, Aviles Kaufman, Melville, N.Y. (Dawn C. DeSimone of counsel), for appellant.

Weisberg Wismann, Patchogue, N.Y. (David C. Weisberg of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN.


DECISION ORDER


ORDERED that the order is affirmed, with costs.

On August 9, 1994, the plaintiff was involved in an automobile accident and began receiving first-party no-fault benefits from the defendant, her automobile liability insurer. The plaintiff was physically examined by the defendant's physicians and her benefits were terminated in April 1995. The plaintiff then commenced this action seeking to recover for basic economic loss under Insurance Law article 51. The defendant moved for summary judgment alleging that the plaintiff was no longer disabled (see, 11 NYCRR 65.15[g][2][ii]).

The defendant failed to establish its entitlement to judgment as a matter of law. In light of the conflicting medical reports submitted by the parties, triable issues of fact exist as to whether the plaintiff was disabled as a result of her automobile accident and whether she was entitled to recover for basic economic loss under the Insurance Law (see, Insurance Law § 5102;Wagner v. Baird, 208 A.D.2d 1087 ; Abbey v. Country-Wide Ins. Co., 177 Misc.2d 677 ; Hernandez v. Aetna Cas. Sur. Co., 146 Misc.2d 938 ).


Summaries of

Mainella v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 365 (N.Y. App. Div. 2000)
Case details for

Mainella v. Allstate Insurance Company

Case Details

Full title:MARIA MAINELLA, respondent, v. ALLSTATE INSURANCE COMPANY, appellant

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 365 (N.Y. App. Div. 2000)
702 N.Y.S.2d 378

Citing Cases

Lake v. Safeco Ins. Co. of Am.

In any event, we conclude that plaintiff raised triable issues of fact concerning the nature, extent, cause,…