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OLIVERI v. FIRST REHAB. INS. CO. OF AM.

76 A.D.2d 858 (1980)

Vincent Oliveri et al., Respondents, v. First Rehabilitation Insurance Company of America, Appellant

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

June 9, 1980

Judgment reversed, without costs or disbursements, and matter remanded to Special Term for further proceedings consistent herewith.

We find correct Special Term's conclusion that Rider Clause GRR — 4(a) ("Reduction in Indemnity for Disability Benefits Payable Under a Pension or Retirement Program") is ambiguous on its face, and in particular, that the language "paid or payable" contained therein admits of more than one interpretation. However, we find erroneous...

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