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ZISOVICH v. AETNA CAS. & SUR. CO.

224 A.D.2d 411 (1996)

638 N.Y.S.2d 124

Marton Zisovich, Plaintiff, v. Aetna Casualty & Surety Company, Appellant, and Edwin Shafier, Respondent

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

February 5, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that triable issues of fact exist as to whether the defendant Edwin Shafier, an agent of Aetna Casualty & Surety Company (hereinafter Aetna), sent Aetna a change order to insure the plaintiff's 1985 Oldsmobile (see, CPLR 3212 [b]).

Moreover, inasmuch as Aetna does not deny that it would have issued coverage for the 1985 Oldsmobile for an additional...

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