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LUC LEASING CORP. v. MUHL

172 Misc.2d 753 (1997)

659 N.Y.S.2d 422

Luc Leasing Corp., Plaintiff, v. Edward J. Muhl, as Superintendent of Insurance of the State of New York, Defendant.

Supreme Court, New York County.

April 17, 1997

Attorney(s) appearing for the Case

Murray J. Richmond, New York City, for plaintiff. Dennis C. Vacco, Attorney-General, New York City (Rosalie J. Hronsky and August L. Fietkau of counsel), for defendant.

HERMAN CAHN, J.

This is a declaratory judgment action. Plaintiff moves for summary judgment declaring that the lease completion waiver (LCW) option which it wishes to offer to its leasing customers in New York State as an incident to its leasing of motor vehicles, is not insurance within the meaning of Insurance Law § 1101.

The essential facts are not in dispute. Plaintiff is in the business of...

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