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Sass v. Ocasio

William Sass v. Juan A. Ocasio, Defendants Aetna Casualty and Surety Co., and Nationwide Insurance Co.

Sass v. Ocasio, 59 A.D.2d 859 (1977)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 10, 1977
Citations
59 A.D.2d 859399 N.Y.S.2d 1221977 N.Y. App. Div. LEXIS 14017

Opinion of the Court

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Judgment, Supreme Court, Bronx County, entered January 14, 1977, declaring that a policy issued by defendant-appellant Aetna to defendant Calderon had not been effectively canceled, unanimously reversed, on the law, and judgment granted in favor of defendant-appellant Aetna declaring to the opposite effect, without costs and without disbursements. The statutory notice requirements (Banking Law, § 576; Vehicle and Traffic Law, § 313), having been adopted for the protection of an assured when a carrier cancels or fails to renew coverage, have no application to the case before us. This cancellation was initiated by defendant Calderon, owner of the covered car, and the proof showed repayment to her of the unearned premium. These two parties to the contract effectively canceled it by their own agreement, of which no one else was entitled to notice. The parties may therefore proceed on the basis that Calderon owned an uninsured car at the time of the accident. The motion to accept the letter attached to the complaint is granted. Settle order on notice providing for declaratory relief. Concur—Lupiano, J. P., Birns, Lane and Markewich, JJ.

How later courts describe this case

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1999: 119992026peak 1999 · 1

Relies on it most ⓘ

  1. Chemical Bank v. Affiliated Fm Insurance Co.169 F.3d 121 (2d Cir. 1999)

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  1. Chemical Bank v. Affiliated Fm Insurance Co.169 F.3d 121 (2d Cir. 1999)

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