NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA v. THOMAS

11377.

182 A.D.3d 469 (2020)

120 N.Y.S.3d 626

2020 NY Slip Op 02258

Nationwide Affinity Insurance Company of America, Respondent, v. James Thomas et al., Appellants.

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

Decided April 9, 2020.


Judgment, Supreme Court, New York County (Gerald Lebovits, J.), entered February 19, 2019, granting Nationwide's motion for summary judgment to the extent of declaring that plaintiff was not obligated to provide coverage under the subject insurance policy by virtue of the claimants' failures to appear for examinations under oath, unanimously affirmed, without costs. The court properly granted summary judgment for a declaration of no coverage on the obligation by plaintiff...

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