Michigan Mutual Insurance Company v. Kelly

Full title: MICHIGAN MUTUAL INSURANCE COMPANY, Appellant, v. JOHN KELLY, Doing…

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

Date published: May 23, 1988

140 A.D.2d 593 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

Appeal from the Supreme Court, Nassau County (Burke, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

There are questions of fact apparent as to how much money was paid to the insurance broker and how much was paid by the broker to the plaintiff regarding the subject policy. Where questions of fact exist a motion for summary judgment must be denied (CPLR 3212 [b]). Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.