De Abreu v. Lumbermans Mutual Casualty Co.
New York Supreme Court
1Opinion of the CourtLouis L. Friedman, J.
Plaintiff has instituted this action for a declaratory judgment, seeking to have the court determine whether or not a certain policy of automobile liability insurance issued by the defendant provides coverage for the accident alleged in the complaint. Defendant now moves to dismiss under subdivision 4 of rule 106 of the Rules of Civil Practice because of alleged insufficiency; under section 473 of the Civil Practice Act as unnecessary and improper as a declaratory judgment action; under section 167 (subd. 1, par. [b]) of the Insurance Law as having been brought prematurely; and under…
2Cases cited8 opinions
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Post v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
- Post v. Metropolitan Casualty Insurance CompanyNew York Court of Appeals · 1930
- Zurich Insurance v. MartinezNew York Supreme Court · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- MacMillan-Bloedel, Inc. v. Firemen's Insurance Co. of NewarkDistrict Court, S.D. Alabama · 1983
- Watson v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Curreri v. Allstate InsuranceNew York Supreme Court · 1963
- Reliance Insurance v. Garsart Building Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Members Mutual Insurance Company v. CutaiaCourt of Appeals of Texas · 1970
5 more not listed; retrieve them via the Exa API.