Freligh v. Gov't Emps. Ins. Co., 91 N.E.3d 697, 68 N.Y.S.3d 780, 30 N.Y.3d 1044 (2017)

Dec. 14, 2017 · New York Court for the Correction of Errors · No. 147 SSM 32
91 N.E.3d 697, 68 N.Y.S.3d 780, 30 N.Y.3d 1044

James E. FRELIGH II, Appellant,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent.

No. 147 SSM 32

Court of Appeals of New York.

Decided December 14, 2017

Basch & Keegan, LLP, Kingston (Derek J. Spada of counsel), for appellant.

Thuillez, Ford, Gold, Butler & Monroe, LLP, Albany (Daisy F. Paglia of counsel), for respondent.

***1045OPINION OF THE COURT

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.