Gray v. Aetna Casualty Surety Co.

Full title: JANICE GRAY et al., Respondents, v. AETNA CASUALTY SURETY CO., Appellant

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

Date published: Dec 20, 1989

156 A.D.2d 979 (N.Y. App. Div. 1989)

549 N.Y.S.2d 270

Opinion

December 20, 1989

Appeal from the Supreme Court, Monroe County, Rosenbloom, J.

Present — Boomer, J.P., Green, Pine, Balio and Lawton, JJ.

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Since Janice Gray had no insurable interest in the automobile, it was error for Supreme Court to deny defendant's motion for summary judgment seeking dismissal of her claim. Defendant's motion for summary judgment against plaintiff Burke was properly denied because there is an issue of fact whether Burke was a principal with whom defendant had a contractual relationship.