New York Court of Appeals, 1986

York v. Sterling Insurance

New York Court of Appeals · Decided March 20, 1986 · Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone Concur Judge Hancock, Jr., Taking No Part

67 N.Y.2d 823; 501 N.Y.S.2d 642; 492 N.E.2d 770; 1986 N.Y. LEXIS 17575

Cases that cite this one

6 later published cases cite this decision.

Levy v. Aetna Casualty & Surety Co. (New York Supreme Court 1997)
Campanile v. State Farm General Insurance (Appellate Division of the Supreme Court of New York 1990)
N.J.B. Security Services, Inc. v. National Union Fire Insurance (Appellate Division of the Supreme Court of New York 1989)
Connors v. Hartford Fire Insurance (Appellate Division of the Supreme Court of New York 1988)
Hutzel v. United States Aviation Underwriters Inc. (Appellate Division of the Supreme Court of New York 1987)
Vinocur's Inc. v. CNA Insurance (Appellate Division of the Supreme Court of New York 1987)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the phrase "away from” the residential premises as used in an exclusion in a homeowner’s policy does not have precisely the same meaning as would the phrase "off’ the residential premises when viewed in context in the policy. Because the precise meaning of the phrase "away from” as used in this policy is uncertain when applied to the somewhat unusual circumstances of this case, and because the unregistered vehicle exclusion was written to require that the injury occur "on” the residential premises, showing that the carrier itself distinguished between "on” and "away from”, we conclude that the Appellate Division did not err in holding the exclusion inapplicable.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.