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Sanchez v. Eckstrom

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 931 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Supreme Court, Chautauqua County, Gerace, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.


Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly rejected the contention of defendant Allstate Insurance Company (Allstate) that the automobile liability insurance policy that Allstate issued to defendant Christopher A. Eckstrom (Eckstrom) did not provide coverage to Eckstrom for the June 28, 1987 automobile accident that resulted in the underlying tort action. Supreme Court, in granting the cross motions of plaintiff, Eckstrom, and defendant Joyce Eckstrom for summary judgment, should also have declared the rights of the parties (see, Pless v Town of Royalton, 185 A.D.2d 659, 660, affd 81 N.Y.2d 1047; St. Lawrence Univ. v Trustees of Theol. School, 20 N.Y.2d 317, 325; Kovaleski v Aetna Cas. Sur. Co., 188 A.D.2d 1045; Baier v Town of Ellery, 182 A.D.2d 1083). The judgment is modified, therefore, and judgment is granted declaring that the automobile liability insurance policy issued by Allstate to Eckstrom provides liability coverage for Eckstrom for the June 28, 1987 automobile accident.


Summaries of

Sanchez v. Eckstrom

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 931 (N.Y. App. Div. 1994)
Case details for

Sanchez v. Eckstrom

Case Details

Full title:EDWIN SANCHEZ, as Parent and Guardian of LOURDES E. SANCHEZ, an Infant…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 931 (N.Y. App. Div. 1994)
612 N.Y.S.2d 999

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