GASTON v. AMERICAN TRANSIT INSURANCE COMPANY


11 N.Y.3d 866 (2008)

SARAMILIA GASTON et al., Respondents, v. AMERICAN TRANSIT INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 2008.


Attorney(s) appearing for the Case

Marjorie E. Bornes, New York City, for appellant.

William D. Fireman, P.C., New York City (William D. Fireman and Steven Herschkowitz of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying plaintiffs' motion for summary judgment and, as so modified, affirmed.

In this Insurance Law § 3420 action, defendant insurer should not have been collaterally estopped from litigating the issue of whether the car that collided with the bus in which the injured plaintiffs were traveling was insured on the date of the accident. Three...

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