MARSHALL v. TOWER INSURANCE COMPANY OF NEW YORK


44 A.D.3d 1014 (2007)

845 N.Y.S.2d 90

ALTHIA MARSHALL et al., Plaintiffs, and JOSEPH GERARDJEAN, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant, et al., Defendant.

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

Decided October 30, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Tower Insurance Company of New York which was for summary judgment dismissing the causes of action asserted by the plaintiff Joseph Gerard-Jean against it is granted.

"[T]he construction of terms and conditions of an insurance policy that are clear and unambiguous presents a question of law to be determined by the court when the only...

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