Appellate Division of the Supreme Court of New York, 1997

Streit, Hickey, Lasky v. St. Paul Fire & Marine Insurance

Streit, Hickey, Lasky v. St. Paul Fire & Marine Insurance
Appellate Division of the Supreme Court of New York · Decided October 30, 1997
243 A.D.2d 1048; 665 N.Y.S.2d 353; 1997 N.Y. App. Div. LEXIS 10891
Streit, Hickey, Lasky v. St. Paul Fire & Marine Insurance

Opinion of the Court

Cross appeals from an order of the Supreme Court (Keniry, J.), entered July 1, 1996 in Saratoga County, which, inter alia, granted plaintiffs cross motion for summary judgment declaring, inter alia, that the disclaimer by defendant St. Paul Fire and Marine Insurance Company was untimely as a matter of *1049law and. that plaintiff is entitled to the excess coverage provided under the insurance policy.

Order affirmed, upon the opinion of Justice William H. Keniry.

Crew III, J. P., White, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.

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