|Freligh v Government Empls. Ins. Co.|
|2017 NY Slip Op 08714 [30 NY3d 1044]|
|December 14, 2017|
|Court of Appeals|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|As corrected through Wednesday, February 7, 2018|
|James E. Freligh II, Appellant,|
Government Employees Insurance Company, Respondent.
Decided December 14, 2017
Freligh v Government Empls. Ins. Co., 152 AD3d 1145, reversed.
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.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 (152 AD3d 1145 [3d Dept 2017]). Triable issues of fact exist as to plaintiff's claim for lost wages.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.