Appellate Division of the Supreme Court of New York, 1975

Diffley v. Allstate Insurance

Diffley v. Allstate Insurance
Appellate Division of the Supreme Court of New York · Decided May 5, 1975
48 A.D.2d 652; 370 N.Y.S.2d 873; 1975 N.Y. App. Div. LEXIS 9657
Diffley v. Allstate Insurance

Opinion of the Court

In an action to recover damages for defendant’s cancellation of plaintiff’s policy of automobile insurance, defendant appeals from so much of a judgment of the Supreme Court, Queens County, entered May 15, 1974, as is in favor of plaintiff, upon a jury verdict. Judgment reversed insofar as appealed from, on the facts, and new trial granted, with costs to abide the event. The jury’s verdict was contrary to the weight of the evidence. Gulotta, P. J., Rabin, Hopkins and Martuscello, JJ., concur.

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