Monday, March 22, 2010

Two Other Interesting Notes from Last Week’s Second Department Decisions

Astrada v. Archer provides an important appellate practice reminder. The court states, “An order which directs a judicial hearing to aid in the disposition of a motion is not appealable as of right because it does not decide the motion, and does not affect a substantial right."

Rosado v. Hartford - the Court held that the word “occupying” in a Supplementary Uninsured/Underinsured Motorist policy applied to a plaintiff who was struck by a box truck while standing outside of his delivery truck reaching with his hands into a side bay of the delivery truck to rearrange empty cases of beer.

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