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Diaz v. Great American Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1985
109 A.D.2d 775 (N.Y. App. Div. 1985)

Summary

In Diaz v. Great Am. Ins. Co. (109 A.D.2d 775 [2d Dept 1985]), the court stated that, if a postal employee's signature was required on certificates of mailing, “the rubber-stamped postmark indorsement was acceptable” (see id. at 776.)

Summary of this case from Eill v. Morck

Opinion

March 11, 1985

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


Appeal from the order dismissed ( see, Matter of Aho, 39 N.Y.2d 241, 248).

Judgment affirmed.

Defendant Great American Insurance Company is awarded one bill of costs.

Notice of cancellation was properly sent to defendant Kil Jeong Song by "regular mail, with a certificate of mailing, properly endorsed by the postal service" (Vehicle and Traffic Law § 313 [a]). The form prepared by the carrier for use as a certificate of mailing complies with postal regulations and does not constitute a defect vitiating the notice of cancellation. The signature of the receiving postal employee and a handwritten piece count is not required on certificates of mailing (Domestic Mail Manual § 931.5). In any event, if the postal employee's signature was required, the rubber-stamped postmark indorsement was acceptable (General Construction Law § 46; see, 30 Opns St Comp, 1974, p 21) and the piece count, mechanically indorsed, is assured to be accurate by the amount of postage affixed to the certificate and the procedures required to be followed by Domestic Mail Manual § 931.35.

In sum, the policy was effectively canceled prior to the date of the accident in issue. Accordingly, Trial Term properly declared that the carrier has no obligation under the policy. Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.


Summaries of

Diaz v. Great American Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1985
109 A.D.2d 775 (N.Y. App. Div. 1985)

In Diaz v. Great Am. Ins. Co. (109 A.D.2d 775 [2d Dept 1985]), the court stated that, if a postal employee's signature was required on certificates of mailing, “the rubber-stamped postmark indorsement was acceptable” (see id. at 776.)

Summary of this case from Eill v. Morck
Case details for

Diaz v. Great American Insurance Company

Case Details

Full title:JOHN DIAZ, Appellant, v. GREAT AMERICAN INSURANCE COMPANY, Respondent, et…

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

Date published: Mar 11, 1985

Citations

109 A.D.2d 775 (N.Y. App. Div. 1985)

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