Bachrach v. Mutual of Omaha Ins Co.

• Decision Date: 27 April 1972
• Citation: 30 N.Y.2d 748,333 N.Y.S.2d 174
• Parties: , 284 N.E.2d 157 Ruth BACHRACH, Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 174

333 N.Y.S.2d 174

30 N.Y.2d 748, 284 N.E.2d 157

Ruth BACHRACH, Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

April 27, 1972.

Motion to dismiss appeal from order of the Supreme Court, Appellate Division, First Judicial Department, 38 A.D.2d 897, 329 N.Y.S.2d 238.

In action to recover, under major medical expense policy, medical and hospital expenses incurred by insured for certain periods. The Supreme Court, Special Term, New York County, Harry B. Frank, J., granted insured's motion for summary judgment to the extent of determining that insurer was liable for insured's expenses for a certain period but denied it in all other respects.

The Appellate Division modified the order by denying the motion in all respects. Appeal was taken by the insured.

Motion to dismiss the appeal granted and the appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.