Spadaro v. Newark Ins. Co.
| Citation | 260 N.Y.S.2d 16,15 N.Y.2d 1000,207 N.E.2d 611 |
| Parties | , 207 N.E.2d 611 Angeline SPADARO, as Executrix of the Estate of Samuel Spadaro, Appellant, v. NEWARK INSURANCE COMPANY, of the Royal-Globe Insurance Group, Respondent. |
| Decision Date | 15 April 1965 |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 21 A.D.2d 226, 249 N.Y.S.2d 753.
Action was brought under the Insurance Law, Consol. Laws, c. 28, § 167, by executrix of deceased automobile passenger to recover from insurer the amount of a judgment obtained by the executrix in a foreign state against the insurer's insured.
The Supreme Court, Special Term, Onondaga County, 40 Misc.2d 1042, 244 N.Y.S.2d 249, denied motions of both parties for summary judgment, and cross-appeals were taken.
The Appellate Division, Del Vecchio, J., 21 A.D.2d 226, 249 N.Y.S.2d 753, reversed the order of the Special Term insofar as it denied the insurer's motion for summary judgment, granted the motion, and otherwise affirmed the order, and held that judgment of foreign state determining that insured was not operating insured vehicle at time it was involved in fatal accident was entitled to full faith and credit and barred recovery from insurer, though the executrix was not a party to the action, in which judgment was rendered, where the judgment was not jurisdictionally void.
The executrix appealed to the Court of Appeals, contending that judgment of foreign state determining that insured was not operating insured vehicle at time of fatal accident was jurisdictionally void and void as against public policy and was not res judicata as to executrix who was not a party.
Charles R. Rinaldo, Syracuse (Bernard Samuels, Syracuse, of counsel), for appellant.
Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, for defendant-respondent.
Order affirmed, without costs. Plaintiff's remedy, if any, is by recourse to the courts of Florida.
All concur.
To continue reading
Request your trial
-
D'Arata v. New York Cent. Mut. Fire Ins. Co.
... ... 5 In doing so, plaintiff "stands in the shoes" of the insured and can have no greater rights than the insured (see, Spadaro v. Newark Ins. Co., 21 A.D.2d 226, 230-231, 249 N.Y.S.2d 753, affd. without opn. 15 N.Y.2d 1000, 260 N.Y.S.2d 16, 207 N.E.2d 611; Sperling v. Great ... ...
-
HLT Props., LLC v. Evanston Ins. Co.
... ... See Spadaro v. Newark Ins. Co. , 21 A.D.2d 226, 249 N.Y.S.2d 753, 757 (1964), affirmed , 15 N.Y.2d 1000, 260 N.Y.S.2d 16, 207 N.E.2d 611 (1965) ; Gap, Inc ... ...
-
Wheeler v. Stewart Mapping Service
... ... Saenger, 303 U.S. 59, 62, 58 S.Ct. 454, 82 L.Ed. 649; Spadaro v. Newark Ins. Co., 21 A.D.2d 226, 229, 249 N.Y.S.2d 753, 756, affd., 15 N.Y.2d 1000, 260 N.Y.S.2d ... ...
- Marat Corp. v. Abrams