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Josephs v. Reliance Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1981
84 A.D.2d 547 (N.Y. App. Div. 1981)

Opinion

October 13, 1981


In actions, inter alia, to declare that the disclaimer of liability issued by defendant Reliance Insurance Company was improper and ineffective, plaintiffs appeal from two judgments (one in each action) of the Supreme Court, Nassau County (Derounian, J.), entered September 30, 1980 and September 19, 1980, respectively, which, after a nonjury trial, dismissed the complaints. Judgments modified, on the law, by deleting the provisions dismissing the complaints and substituting provisions declaring that the disclaimer of liability issued by Reliance Insurance Company was proper and effective as to all parties, and otherwise dismissing the complaints. As so modified, judgments affirmed, with one bill of costs payable to Reliance Insurance Company. Upon determining that the disclaimer was proper and effective, the trial court, in these actions, inter alia, for declaratory judgments, should have made appropriate declarations rather than dismiss the complaints in their entirety (see Lanza v. Wagner, 11 N.Y.2d 317, 334, app dsmd 371 U.S. 74). Mangano, J.P., O'Connor, Weinstein and Bracken, JJ., concur.


Summaries of

Josephs v. Reliance Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1981
84 A.D.2d 547 (N.Y. App. Div. 1981)
Case details for

Josephs v. Reliance Insurance Company

Case Details

Full title:KAY JOSEPHS et al., Appellants, v. RELIANCE INSURANCE COMPANY et al.…

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

Date published: Oct 13, 1981

Citations

84 A.D.2d 547 (N.Y. App. Div. 1981)