Legal Opinion

De Abreu v. Lumbermans Mutual Casualty Co.

New York Supreme Court

Decided November 3, 1961PublishedCited by 10 opinions

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

  1. Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
  2. Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
  3. Post v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
  4. Post v. Metropolitan Casualty Insurance CompanyNew York Court of Appeals · 1930
  5. Zurich Insurance v. MartinezNew York Supreme Court · 1960

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

3Cited by10 opinions

  1. MacMillan-Bloedel, Inc. v. Firemen's Insurance Co. of NewarkDistrict Court, S.D. Alabama · 1983
  2. Watson v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Curreri v. Allstate InsuranceNew York Supreme Court · 1963
  4. Reliance Insurance v. Garsart Building Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Members Mutual Insurance Company v. CutaiaCourt of Appeals of Texas · 1970

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

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