Narrative Opinion Summary
In an insurance premium recovery case, the defendant appeals a decision from the Supreme Court of Nassau County, which granted the plaintiff's motion for summary judgment, and a subsequent judgment ordering the defendant to pay $41,250.57 to the plaintiff. The appeal from the decision is dismissed since no appeal can be made from a decision. The judgment is affirmed, with the plaintiff awarded one bill of costs. The court determined that the defendant did not establish a triable issue of fact regarding the owed insurance premiums as outlined in the agency agreement between the parties. Judges Rosenblatt, Thompson, Santucci, and Altman concurred in the decision.
Legal Issues Addressed
Appealability of Decisionssubscribe to see similar legal issues
Application: The court dismissed the appeal from the decision because, under the relevant legal standards, no appeal can be made from a decision itself.
Reasoning: The appeal from the decision is dismissed since no appeal can be made from a decision.
Awarding of Costssubscribe to see similar legal issues
Application: The court awarded the plaintiff one bill of costs as part of the judgment affirming the summary judgment.
Reasoning: The judgment is affirmed, with the plaintiff awarded one bill of costs.
Summary Judgment in Insurance Premium Recoverysubscribe to see similar legal issues
Application: The court affirmed the summary judgment in favor of the plaintiff, as the defendant failed to demonstrate any triable issue of fact regarding the insurance premiums owed under the agency agreement.
Reasoning: The court determined that the defendant did not establish a triable issue of fact regarding the owed insurance premiums as outlined in the agency agreement between the parties.