Legal Opinion
Russell v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2004PublishedCited by 4 opinions
1Opinion of the Court
*669In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Dye, J.), dated October 31, 2003, as denied his motion for summary judgment on the first cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs contention, the Supreme Court correctly concluded that the defendant, the plaintiffs supplementary uninsured motorist (hereinafter SUM) insurer, is not collaterally estopped from contesting his right to recover SUM benefits because it failed…
2Cases cited8 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Buechel v. BainNew York Court of Appeals · 2001
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- Cacciatore v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by4 opinions
- Bravo v. Atlas Capital Group, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- New York Central Mutual Fire Insurance v. SteiertAppellate Division of the Supreme Court of the State of New York · 2007
- Colella v. GEICO Gen. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Country-Wide Ins. Co. v. HillsAppellate Division of the Supreme Court of the State of New York · 2019