GALIETTA v. COMMERCIAL INS. CO.


17 A.D.2d 629 (1962)

Nancy A. DeS. Galietta et al., Appellants-Respondents, v. Commercial Insurance Company, Respondent-Appellant

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

July 2, 1962


Defendant claims that it had cancelled the insurance policy by reason of the fraud of the named insured who had falsely represented that she was the owner of the automobile, whereas in fact the actual owner was the person who operated it at the time of the accident.

Order, insofar as appealed from, affirmed, without costs. We agree with the Justice at Special Term that issues of fact are presented and that such issues must be resolved after a...

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