GENERAL MOTORS ACCEPTANCE CORP. v. NEW YORK CENT. MUT. FIRE INS. CO.

11963, 109668/06

116 A.D.3d 468 (2014)

983 N.Y.S.2d 513

2014 NY Slip Op 2384

GENERAL MOTORS ACCEPTANCE CORP. et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 8, 2014.


The motion court erred when it denied defendant insurer's motion for summary judgment where plaintiffs, defendant's insured and the excess insurer, failed to raise an issue of fact. The record does not present conduct that constitutes a "gross disregard" by defendant of plaintiffs' interests (see Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 453-454 [1993]). We reject plaintiffs...

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