(Download) "Andrew Roy" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Andrew Roy
- Author : Supreme Court of New York
- Release Date : January 23, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Appeal (1) from that part of a judgment of the Supreme Court at Special Term (Harvey, J.), entered July 11, 1980 in Saratoga County, which declared that defendant had no legal right to demand production of blood alcohol test results from plaintiff, and (2) from an order of said court, entered December 2, 1980 in Saratoga County, which denied defendants motion to reargue. Plaintiff, while operating a motor vehicle insured by defendant, was involved in a one-car accident and sustained personal injuries. He made a claim to defendant for first-party benefits. Defendant twice demanded authorization to obtain the results of any blood alcohol tests administered to plaintiff. When plaintiff failed to respond, defendant notified plaintiff of its decision to disclaim. Plaintiff then commenced the instant action seeking a declaratory judgment. Both parties moved for summary judgment. Special Term found in favor of plaintiff and declared that defendant had no legal right to make the demands that it did upon plaintiff. Defendant sought reargument, which was denied. This appeal ensued. While not raised in the briefs, plaintiff, at oral argument on the appeal, moved to dismiss the appeal as untimely. The record demonstrates that the judgment appealed from was entered July 11, 1980 and the notice of entry and judgment served on defendant on July 14, 1980. The notice of appeal is dated December 9, 1980. Clearly, this was [85 A.D.2d 832 Page 833]
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