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GARCIA v. ALLCITY INS. CO.

244 A.D.2d 219 (1997)

664 N.Y.S.2d 920

Orlando Garcia et al., Appellants-Respondents, v. Allcity Insurance Company et al., Respondents-Appellants

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

November 18, 1997

The motion court correctly concluded that summary judgment on plaintiffs' bad-faith and breach-of-contract claims is precluded by numerous issues of fact, including whether plaintiff insured failed to make himself available to and cooperate with the insurer and the timeliness of the notice of the accident (see, Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 454-455). However, summary judgment dismissing the legal malpractice...

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