MERCHS. MUT. INS. CO. v. VALILIS


16 A.D.2d 616 (1962)

Merchants Mutual Insurance Co., Respondent, v. John Valilis, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 3, 1962


Order, entered August 1, 1961, denying defendant's motion for summary judgment, unanimously affirmed, on the law, with $20 costs and disbursements to respondent.

Under the circumstances here, the delivery by the defendant (the insured) of a check for the balance of the premium and the acceptance of the same by the broker would not have the effect of nullifying or waiving a cancellation of the policy, if duly effected. (See Insurance Law, § 121; Mord v. Hartford...

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