Key Takeaway
Appellate Division grants leave to appeal in Mapfre v. Manoo declaratory judgment case, certifying question of law for Court of Appeals review.
The Appellate Division’s decision in Mapfre Insurance Company of New York v. Manoo represents a significant development in no-fault insurance litigation. When an appellate court grants leave to appeal to New York’s highest court, it signals that the case involves substantial legal questions that could impact future insurance disputes. This particular case involves a declaratory judgment action, a common legal tool used by insurance companies to seek court determinations about their coverage obligations.
The court’s certification of a specific legal question demonstrates the complexity of the underlying dispute. In declaratory judgment cases, proper procedural requirements are critical - as we’ve seen in other cases where failure to include order/judgment with declaration is fatal to the plaintiff’s case.
Jason Tenenbaum’s Analysis:
Mapfre Ins. Co. of N. Y. v Manoo, 2016 NY Slip Op 86914(U)(1st Dept. 2016)
“Defendant-respondent having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on June 9, 2016 (Appeal No. 126),
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks reargument, is denied. The motion, to the extent it seeks leave to appeal to the Court of Appeals, is granted and this Court, pursuant to CPLR 5713, certifies that the following question of law decisive of
the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:
“Was the order of this Court, which reversed the order of the Supreme Court, properly made?”
This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.”
Key Takeaway
The Appellate Division granted leave to appeal to the Court of Appeals, certifying a fundamental question about whether their reversal of the lower court was proper. This procedural victory allows the defendant to seek review from New York’s highest court, potentially setting important precedent in no-fault insurance declaratory judgment actions.
