McCarthy v. Motor Vehicle Acc. Indemnification Corp.
| Decision Date | 23 January 1963 |
| Citation | 12 N.Y.2d 922,238 N.Y.S.2d 101,188 N.E.2d 405 |
| Parties | , 188 N.E.2d 405 Annie Lee McCARTHY, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 16 A.D.2d 35, 224 N.Y.S.2d 909.
Injured person, who was injured when her brother-in-law intentionally drove his automobile into her automobile for purpose of stopping it, and who was unable to recover from brother-in-law's insurer because injuries were not result of an accident, brought action against the Motor Vehicle Accident Indemnification Corporation for a declaratory judgment that the Corporation was liable for her injuries because of the Corporation's endorsement attached to her automobile liability policy.
The Onondaga Special Term, Donald P. Gorman, J., entered an order denying the motion of the Corporation for summary judgment and granting the cross motion of the injured person for summary judgment, and the Corporation appealed.
The Appellate Division, Halpern, J., reversed the order, denied the injured person's cross motion for summary judgment, granted the Corporation's motion for summary judgment, directed judgment to be entered adjudging that Corporation was not liable, and held that the Corporation could not be held liable under its uninsured motorist endorsement for the injuries. Goldman, J., dissented.
The injured person appealed to the Court of Appeals.
Judgment affirmed, without costs.
All concur.
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