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ENDEN v. NATIONWIDE MUT. INS. CO.

251 A.D.2d 283 (1998)

672 N.Y.S.2d 806

Jacob Enden et al., Appellants, v. Nationwide Mutual Insurance Company, Respondent

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

June 1, 1998

Ordered that the judgment is affirmed, with costs.

"It is settled jurisprudence that when an appellate court reverses a judgment, the rights of the parties are left `wholly unaffected by any previous adjudication'" (Ceravole v Giglio, 186 A.D.2d 170, quoting Taylor v New York Life Ins. Co., 209 N.Y. 29, 34). The parties are left in the same position as though there had been no trial, and unless the appellate court...

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