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CAPRA v. LUMBERMENS MUT. CAS. CO.

31 N.Y.2d 760 (1972)

Ross J. Capra, Jr. et al., Appellants, v. Lumbermens Mutual Casualty Co., Respondent, and Public Service Mutual Insurance Co., Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Paul F. Donohue for defendant-appellant.

J. Raymond Quinn for plaintiffs-appellants.

Harold A. Friedman and Thomas M. Hirschen for defendant-respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the motion and cross motion for summary judgment denied and the case remitted to Supreme Court, Schenectady County, for trial. Although there is no question but that the termination of automobile insurance is unaffected by an insurer's failure to file a notice of termination with the Commissioner of Motor Vehicles, as required by section 313...

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