DE URBAEZ v. LUMBERMENS MUT. CAS. CO.


68 N.Y.2d 930 (1986)

Reina De Urbaez, Appellant, v. Lumbermens Mutual Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1986.


Attorney(s) appearing for the Case

Carl Radin for appellant.

Michael F. Close for respondent.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.


Order reversed, with costs, plaintiff's motion for summary judgment granted and case remitted to Supreme Court, Bronx County, for further proceedings, for the reasons stated in the dissenting memorandum of Presiding Justice Francis T. Murphy at the Appellate Division (116 A.D.2d 534, 535-538). We add only that clause 17 of the policy is applicable notwithstanding the fact that the claim against the insurance company is for first-party benefits...

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