Freligh v Government Employees Ins. Co.

Freligh v Government Employees Ins. Co. 2017 NY Slip Op 08714 Decided on December 14, 2017 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 14, 2017
No. 147 SSM 32

[*1]James E. Freligh II, Appellant,

v

Government Employees Insurance Company, Respondent.

Submitted by Derek J. Spada, for appellant.

Submitted by Daisy F. Paglia, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and case remitted to the Appellate Division, Third Department, for consideration of issues raised but not determined on the appeal to that court. Triable issues of fact exist as to plaintiff's claim for lost wages. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided December 14, 2017