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D'AMBROSIO v. FARM FAMILY INSURANCE COMPANY

264 A.D.2d 801 (1999)

695 N.Y.S.2d 392

ANTHONY D'AMBROSIO, Respondent, v. FARM FAMILY INSURANCE COMPANY, Appellant.

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

Decided September 27, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment, as triable issues of fact exist as to whether the plaintiff failed to cooperate with the defendant's investigation of the underlying claim (see generally, Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159, 168; see, Physicians' Reciprocal Insurers v Keller, 243 A.D.2d...

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