Legal Opinion
Bakos v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2011PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered July 21, 2009 in a breach of contract action. The order denied the motion of defendant to dismiss the complaint.
It is hereby ordered that the order so appealed from is affirmed without costs.
Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that defendant is obligated to perform under *1486the homeowner’s insurance policy that it issued to plaintiff. We conclude that Supreme Court properly denied those parts of defendant’s motion to dismiss the- first cause of action pursuant to…
2Cases cited5 opinions
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- White v. Continental Casualty Co.New York Court of Appeals · 2007
- AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2005
- Medina v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Millers Wood Development Corp. v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by5 opinions
- Executive Plaza, LLC v. Peerless InsuranceCourt of Appeals for the Second Circuit · 2013
- BALUK, SVETLANA v. NEW YORK CENTRAL MUTUAL FIRE INSURAAppellate Division of the Supreme Court of the State of New York · 2014
- Baluk v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- Baluk v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Clover/Allen's Cr. Neighborhood Assn. LLC v. M&F, LLCAppellate Division of the Supreme Court of the State of New York · 2019