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HURTIG v. ARESTIA

235 A.D.2d 520 (1997)

653 N.Y.S.2d 855

Robert Hurtig et al., Plaintiffs, v. Francine Arestia et al., Defendants. (Action No. 1.) Patrick Nolan, an Infant, by His Parent and Natural Guardian, Philip C. Nolan, et al., Plaintiffs, v. Margot Hurtig et al., Defendants. (Action No. 2.) Francine Arestia, Plaintiff, v. Anthony Mastroiani, as Administrator of The Estate of Alexander Garbizu, Deceased, et al., Defendants. (Action No. 3.) Aetna Casualty and Surety Company, Appellant, v. Anthony Mastroiani, as Administrator of The Estate of Alexander Garbizu, Deceased, et al., Respondents. (Action No. 4.)

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

January 27, 1997

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that Michael Slotnick gave permission to Alexander Garbizu to repair his 1984 Honda automobile, which was insured by Aetna Casualty and Surety Company (hereinafter Aetna). On December 9, 1987, while Garbizu was operating the vehicle, it was involved in an accident from which these actions arise. Aetna has failed to establish as a matter...

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