FAFINSKI v. RELIANCE INS. CO.


106 A.D.2d 88 (1985)

Daniel R. Fafinski, Respondent, v. Reliance Insurance Company, Appellant

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

January 29, 1985


Attorney(s) appearing for the Case

Maloney, Gallup, Roach, Brown & McCarthy, P. C. (T. Alan Brown of counsel), for appellant.

Spoto & Slater (Richard V. Slater of counsel), for respondent.

DENMAN, BOOMER, GREEN and O'DONNELL, JJ., concur.


HANCOCK, JR., J. P.

In a jury trial against defendant insurance company which disclaimed no-fault coverage because of plaintiff's intoxication at the time of the automobile accident in which he was injured, the court refused to permit proof of the result of a blood-alcohol test routinely given on plaintiff's hospital admission because plaintiff had not consented to it. From a judgment for the amount of economic loss, defendant appeals.

Plaintiff...

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