Government Employees Insurance v. Commissioner of Motor Vehicles
Cases that cite this one
5 later published cases cite this decision.
- Allstate Insurance v. Foschio (Appellate Division of the Supreme Court of New York 1983)
- Yonkers Nissan, Inc. v. Adduci (Appellate Division of the Supreme Court of New York 1992)
- Material Damage Adjustment Corp. v. Whelan (Appellate Division of the Supreme Court of New York 1988)
- Crystal Oldsmobile, Inc. v. Foschio (Appellate Division of the Supreme Court of New York 1984)
- Dunn Appraisal Co. v. Foschio (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles, which, after a hearing, (1) found that petitioner had violated section 398-e (subd 1, par [k]) of the Vehicle and Traffic Law by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery on an automobile property damage claim, and (2) imposed a $350 civil penalty and a 30-day suspension of petitioner’s repair shop registration. Petition granted to the extent that the determination is modified, on the law, by vacating the penalty. As so modified, determination confirmed and proceeding otherwise dismissed on the merits, with costs to respondents, and the matter is remitted to the commissioner for the imposition of a new penalty, which shall in no event exceed a five-day suspension of petitioner’s registration and a $350 civil penalty. The determination under review insofar as it found that petitioner had violated the Vehicle and Traffic Law is supported by substantial evidence (see Matter of Hannon v Cuomo, 52 NY2d 775; 300 GramatanAve. Assoc, v StateDiv. of Human Rights,
Case-law data current through September 30, 2026. Source: CourtListener bulk data.