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MOORE v. LEGGETTE

24 A.D.2d 891 (1965)

Fronia Moore, Respondent, v. Sadie B. Leggette, Appellant

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

November 22, 1965

Order reversed, without costs, and motion denied.

In our opinion, the learned Special Term erred in applying at bar the general rule that a wrongdoer may not claim the proceeds of an insurance policy in mitigation of damages. Such rule has no application where, as here, it appears that the defendant wrongdoer himself has procured insurance for the benefit of the injured party (cf. Drinkwater v. Dinsmore, 80 N.Y. 390...

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