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Kuntz v. National Grange Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1029 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

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

Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.


Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and judgment granted in accordance with the following Memorandum: Because plaintiffs sought declaratory relief, Supreme Court erred in failing to make a declaration when it awarded summary judgment to plaintiffs (see, Matter of Bozer v. Higgins, 204 A.D.2d 979, 980). Thus, we modify the judgment on appeal by granting judgment in favor of plaintiffs declaring that defendant is obligated to provide uninsured motorist coverage to plaintiffs under the terms and conditions of the policy of insurance issued by defendant to plaintiffs.


Summaries of

Kuntz v. National Grange Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1029 (N.Y. App. Div. 1996)
Case details for

Kuntz v. National Grange Mutual Ins. Co.

Case Details

Full title:JERRY R. KUNTZ et al., Respondents, v. NATIONAL GRANGE MUTUAL INSURANCE…

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

Date published: Feb 2, 1996

Citations

224 A.D.2d 1029 (N.Y. App. Div. 1996)
638 N.Y.S.2d 385