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SMITH v. GENERAL ACCIDENT INSURANCE COMPANY

295 A.D.2d 738 (2002)

744 N.Y.S.2d 59

CLARENCE B. SMITH, Individually and Doing Business as CLARENCE'S CRANE RENTAL, Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY, Respondent.

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

Decided June 13, 2002.

Lahtinen, J.

On September 3, 1997, a crane owned by plaintiff and insured by defendant allegedly sustained significant damage when it toppled over while at a construction site. Following an investigation, defendant disclaimed coverage and the current action by plaintiff ensued.

The essential facts are not disputed. On the date of the accident, plaintiff intended to use the crane to lift construction materials onto...

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