Michigan Mutual Insurance v. Kelly

140 A.D.2d 593 Court N.Y. App. Div. Decision date 1988-05-23 English

Contents

Majority

p. 593

Michigan Mutual Insurance Company, Appellant, v John Kelly, Doing Business as Mon Amour Hotel, Respondent.

p. 594

There are questions of fact apparent as to how much money was paid to the insurance broker and how much was paid by the broker to the plaintiff regarding the subject policy. Where questions of fact exist a motion for summary judgment must be denied (CPLR 3212 [b]). Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.