Testa v. Blue Ridge Insurance Company

Full title: RONALD TESTA, Appellant, v. BLUE RIDGE INSURANCE COMPANY, Respondent

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

Date published: Mar 9, 1998

248 A.D.2d 461 (N.Y. App. Div. 1998)

669 N.Y.S.2d 516

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Barasch, J.).

Ordered that the order is affirmed, with casts.

The plaintiff's motion for summary judgment was properly denied because a triable issue of fact exists as to whether the plaintiff's automobile was stolen ( see, Vasile v. Hartford Acc. Indem. Co., 213 A.D.2d 541; Pilato v. Nassau Ins. Co., 79 A.D.2d 971; Associates Discount Corp. v. Insurance Co., 54 Misc.2d 1027).

The respondent's request for the imposition of sanctions is without merit.

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.