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South American Exc. v. Epic Sec. Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 1997
243 A.D.2d 405 (N.Y. App. Div. 1997)

Opinion

October 30, 1997

Appeal from Supreme Court, New York County (Ira Gammerman, J.).


The trial court properly granted the insurer's motion to correct the previously entered judgment to provide that the insurer has the right to rescind the subject policy ab initio, in order to conform the judgment to the court's pronouncements at the time of trial and give full legal effect to its findings (CPLR 5019 [a]; see, Huot v. Dworman, 13 Misc.2d 104, 105, affd 8 A.D.2d 829). While it would have been preferable for the insurer to have sought this relief before the judgment was entered, the court was not precluded from granting this motion some six weeks after service of a copy of the order with notice of entry ( see, supra; S.J.E. Bldg. Corp. v. Matt O.M. Constr. Co., 265 N.Y. 282), and, contrary to the insured's assertion, it sustained no prejudice. We also find that the evidence sufficiently established that the insured made material misrepresentations as to its pick-up and delivery schedule, its security measures, and an undisclosed prior loss, warranting rescission of the policy ab initio (see, Matter of Union Indem. Ins. Co., 200 A.D.2d 99, 107).

Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Tom, JJ.


Summaries of

South American Exc. v. Epic Sec. Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 1997
243 A.D.2d 405 (N.Y. App. Div. 1997)
Case details for

South American Exc. v. Epic Sec. Corp.

Case Details

Full title:SOUTH AMERICAN EXCHANGE, Plaintiff, v. EPIC SECURITY CORP., Appellant, and…

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

Date published: Oct 30, 1997

Citations

243 A.D.2d 405 (N.Y. App. Div. 1997)
663 N.Y.S.2d 560

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