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Presbyterian Hospital v. Colonial Penn Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 280 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

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


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

Although the defendant issued an incomplete denial of claim form to the plaintiff, there is a question of fact regarding whether the event that caused Jorge Acevedo's injuries is covered by his contract of insurance with the defendant. Thus, the plaintiff's motion for summary judgment was properly denied (see, e.g., Zappone v. Home Ins. Co., 55 N.Y.2d 131; Schiff Assocs. v. Flack, 51 N.Y.2d 692; Presbyterian Hosp. v. Atlanta Cas. Co., 210 A.D.2d 210; Lancer Ins. Co. v. Peterson, 175 A.D.2d 239, 240; Employers Ins. v. County of Nassau, 141 A.D.2d 496; Locascio v. Atlantic Mut. Ins. Co., 127 A.D.2d 746; Horney v. Tisyl Taxi Corp., 93 A.D.2d 291; Matter of Manhattan Bronx Surface Tr. Operating Auth. [Gholson], 71 A.D.2d 1004). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.


Summaries of

Presbyterian Hospital v. Colonial Penn Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 280 (N.Y. App. Div. 1995)
Case details for

Presbyterian Hospital v. Colonial Penn Ins. Co.

Case Details

Full title:PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, Appellant, v. COLONIAL PENN…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 280 (N.Y. App. Div. 1995)
627 N.Y.S.2d 993