Legal Opinion

Byrnes v. National Union Insurance

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

Decided May 26, 1970PublishedCited by 12 opinions

1Opinion of the Court

Reynolds, J. P.

Appeal from an order of the Supreme Court, Albany County, dismissing appellant’s complaint for legal insufficiency (CPLR 3211, subd. [a], par. 7) with leave to appellant to serve an amended complaint within 30 days after service upon them of a copy of the order. On September 2, 1966 appellants’ infant son was killed :by a horse owned by the respondent’s insured and on June 8, 1967, a wrongful death action was commenced by the appellants. Thereafter appellants executed a release which was approved by the Surrogate’s Court of Albany County. Subsequently, the appellants brought…

2Cases cited5 opinions

  1. Gilbert v. RothschildNew York Court of Appeals · 1939
  2. Goldsmith v. National Container Corp.New York Court of Appeals · 1942
  3. Weintraub v. WeintraubNew York Court of Appeals · 1951
  4. Frehe v. SchildwachterNew York Court of Appeals · 1942
  5. Inman v. Merchants Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1948

3Cited by12 opinions

  1. Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
  3. National American Corp. v. Federal Republic of Nigeria and Central Bank of NigeriaCourt of Appeals for the Second Circuit · 1979
  4. Richardson v. Economy Fire & Casualty Co.Illinois Supreme Court · 1985
  5. Slotkin v. Citizens Casualty Co. of New YorkCourt of Appeals for the Second Circuit · 1980

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