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ROSNER v. METROPOLITAN INS. CO.

96 N.Y.2d 475 (2001)

754 N.E.2d 760

729 N.Y.S.2d 658

HANNA ROSNER, as Guardian of ISRAEL ROSNER, Respondent, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant. CHARLES D. MINTZ et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided July 10, 2001.

Attorney(s) appearing for the Case

Flink, Smith & Associates, L. L. C., Latham (Edward B. Flink and Jeffrey D. Wait of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), and Subin Associates, L. L. P. (Herbert S. Subin of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

On May 29, 1996, while walking on a roadway, Israel Rosner was struck by an automobile operated by Charles Mintz and owned by Leddy Mintz. As a result of the accident, Rosner suffered serious head injuries. At the time, Metropolitan Property and Casualty Insurance Company insured the Mintzes under an automobile liability policy with single limit coverage of $100,000. For a...

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