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Spurt Messenger Service, Inc. v. Gudde

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1995
216 A.D.2d 111 (N.Y. App. Div. 1995)

Opinion

June 15, 1995

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


In light of, inter alia, the fact that defendant failed to satisfactorily establish that it would not have issued the instant policy had it been aware of the applicant's alleged misrepresentations concerning its use of bicycle messengers, summary judgment was properly denied since there is a question as to whether the alleged misrepresentations were material and thus sufficient to void the instant policy (see, Courtney v. Dollar Sav. Bank, 54 A.D.2d 868, 869). Indeed, defendant insurer failed to provide any evidence of its policy and underwriting practices with respect to applicants whose businesses utilized bicycle messengers ( see, Di Pippo v. Prudential Ins. Co., 88 A.D.2d 631).

Concur — Rosenberger, J.P., Wallach, Rubin and Mazzarelli, JJ.


Summaries of

Spurt Messenger Service, Inc. v. Gudde

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1995
216 A.D.2d 111 (N.Y. App. Div. 1995)
Case details for

Spurt Messenger Service, Inc. v. Gudde

Case Details

Full title:SPURT MESSENGER SERVICE, INC., Respondent, v. LYNDA GUDDE, Respondent, and…

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

Date published: Jun 15, 1995

Citations

216 A.D.2d 111 (N.Y. App. Div. 1995)
628 N.Y.S.2d 99