Dawn M. Polak, Plaintiff-Respondent, v. FARLEY (2002)

Supreme Court, Appellate Division, Fourth Department, New York.

David W. POLAK, Plaintiff, Dawn M. Polak, Plaintiff-Respondent, v. Victor FARLEY, Esq., Public Administrator of the Estate of Stanley Dorka, Jr., Deceased, and Joan M. Karczewski, Defendants-Appellants.

Decided: June 14, 2002

Present: PINE, J.P., WISNER, KEHOE, GORSKI, and LAWTON, JJ.

Law Offices of John Quackenbush, Buffalo (Alan J. Bedenko of counsel), for defendants-appellants. Law Offices of Paul A. Bender, Buffalo (Daniel R. Archilla of counsel), for plaintiff-respondent.

Plaintiffs commenced this action to recover damages for personal injuries that they sustained when a vehicle owned by Stanley Dorka, Jr. and driven by defendant Joan M. Karczewski allegedly failed to stop at a stop sign and collided with their vehicle. Supreme Court erred in granting the motion of Dawn M. Polak (plaintiff) seeking summary judgment dismissing the counterclaim against her. In support of her motion, plaintiff asserted that the insurance adjuster for Dorka had accepted full responsibility for plaintiffs' property damage claim, orally and in writing, during the adjustment of that claim. Contrary to plaintiff's contention, statements made by an insurance adjuster in an attempt to settle a claim prior to the commencement of an action on a related claim “are not admissible as a concession of liability” in the action (Collins v. Hayden on the Hudson Condominium, 223 A.D.2d 434, 435, 637 N.Y.S.2d 51).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the counterclaim is reinstated.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network