Legal Opinion

Auto Body Federation of Empire State, Inc. v. Lewis

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

Decided February 17, 1981PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to declare the “right of election” clause contained in automobile insurance policies to be violative of subdivision 1 of section 167-c of the Insurance Law, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated May 30, 1980, as denied their motion for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. Defendants have waived their right to raise the defenses of lack of standing and Statute of Limitations as a result of their failure to move to dismiss on these grounds…

2Cases cited7 opinions

  1. Solnick v. WhalenNew York Court of Appeals · 1980
  2. Curry v. MacKenzieNew York Court of Appeals · 1925
  3. Press v. County of MonroeNew York Court of Appeals · 1980
  4. Sandor v. NyquistAppellate Division of the Supreme Court of the State of New York · 1974
  5. Building Contractors Ass'n v. TullyAppellate Division of the Supreme Court of the State of New York · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Glen Head — Glenwood Landing Civic Council, Inc. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1982
  2. Davis Construction Corp. v. County of SuffolkNew York Supreme Court · 1982
  3. Sutherland v. Village of SuffernAppellate Division of the Supreme Court of the State of New York · 1988
  4. Burke v. Nationwide InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  5. Rizzo v. Merchants & Businessmen's Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2001

3 more not listed; retrieve them via the Exa API.

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