Legal Opinion

Royal Farms, Inc. v. Superintendent of Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1990PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered April 6, 1989, confirming the report of Referee Hyman Korn, dated October 17, 1988, dismissing claimant Royal Farms’ demand to reform three insurance contracts issued to it by Union Indemnity Insurance Company (Union), unanimously affirmed, with costs and disbursements.

In order "to overcome the heavy presumption that a deliberately prepared and executed written instrument manifested the true intention of the parties” (Backer Mgt. Corp. v Acme Quilting Co., 46 NY2d 211, 219), a party seeking reformation must, by clear and…

2Cases cited3 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
  3. Clean Rental Services, Inc. v. KartenAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. West 90th Owners Corp. v. SchlechterAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Liquidation of Galaxy InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  3. Hartford Fire Insurance v. Siegfried Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. In re the Liquidation of Galaxy InsuranceAppellate Division of the Supreme Court of the State of New York · 1999

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