Appellate Division of the Supreme Court of New York, 1986

Lemmon v. Aetna Life & Casualty

Lemmon v. Aetna Life & Casualty
Appellate Division of the Supreme Court of New York · Decided May 23, 1986
120 A.D.2d 923; 502 N.Y.S.2d 894; 1986 N.Y. App. Div. LEXIS 57006
Lemmon v. Aetna Life & Casualty

Opinion of the Court

— Order unanimously affirmed, without costs. Memorandum: The uncontradicted evidence of mailing submitted by defendant on its motion for summary judgment conclusively demonstrated that the subject insurance policy was effectively canceled on November 7, 1979 in accordance with applicable North Carolina law (see, NC Gen Stats § 58-GO). Thus, as a matter of law, defendant is not liable under the policy for an accident which occurred on November 10, 1979. (Appeal from order of Supreme Court, Monroe County, Pine, J. — summary judgment.) Present — Dillon, P. J., Doerr, Den-man, Green and Schnepp, JJ.

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