New York Court of Appeals, 1990

Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance

New York Court of Appeals · Decided July 10, 1990 · Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

76 N.Y.2d 841; 560 N.Y.S.2d 124; 559 N.E.2d 1283; 1990 N.Y. LEXIS 1983

Cases that cite this one

12 later published cases cite this decision.

Allstate Insurance Company v. D'Arienzo (District Court, E.D. New York 2021)
Superior Ice Rink, Inc. v. Nescon Contracting Corp. (Appellate Division of the Supreme Court of New York 2008)
Cellutech, Inc. v. Watertown Industrial Center Local Development Corp. (Appellate Division of the Supreme Court of New York 2007)
Pepper v. Allstate Insurance (Appellate Division of the Supreme Court of New York 2005)
Dudick v. Gulyas (Appellate Division of the Supreme Court of New York 2004)
Marine Buffalo Assocs., L.P. v. HSBC Bank USA (New York Supreme Court, Erie County 2003)
Gaetan v. Firemen's Insurance (Appellate Division of the Supreme Court of New York 1999)
Tanzer v. Health Insurance Plan (Appellate Division of the Supreme Court of New York 1997)
Boggs v. Commercial Mutual Insurance (Appellate Division of the Supreme Court of New York 1995)
Kennedy v. Valley Forge Ins. Co. (Appellate Division of the Supreme Court of New York 1994)
Del Bello v. General Accident Insurance Co. of America (Appellate Division of the Supreme Court of New York 1992)
Pichel v. Hanover Insurance Companies (New York Supreme Court 1992)

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. We agree with the Appellate Division that "[w]here, as here, the policy is ambiguous, and no extrinsic evidence [was] offered from which the jury could conclude that the policy should be interpreted in favor of the insurer, [the direction of] a verdict in favor of the insured [was warranted]” (Tri Town Antlers Found. v Fireman’s Fund Ins. Co., 158 AD2d 908,909; see, Hartford Acc. & Indem. Co. v Wesolowski, 33 NY2d 169, 172; City of Albany v Standard Acc. Ins. Co., 7 NY2d 422, 430).

*843 Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

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.