Legal Opinion

Abrams v. Maryland Casualty Co.

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

Decided April 15, 1946PublishedCited by 4 opinions

1Opinion of the Court

— In an action by a judgment creditor for the reformation of a policy of automobile liability insurance, and for judgment against the defendant insurance company on the policy as reformed, judgment in favor of the plaintiff reversed on the law and the facts, and a new trial granted on the law side of the court, with costs to appellant to abide the event, and with leave to plaintiff to amend her complaint, if she shall be so advised. • Plaintiff was not entitled to reformation. In the absence of fraud, reformation may not be directed without clear and convincing proof of mutual mistake. (Amend…

2Cases cited3 opinions

  1. International Photo Recording Machines, Inc. v. Microstat Corp.Appellate Division of the Supreme Court of the State of New York · 1945
  2. Mapu v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  3. Beaudry v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1940

3Cited by4 opinions

  1. Simmons v. CapraAppellate Division of the Supreme Court of the State of New York · 1947
  2. Marano v. CorbisieroNew York Supreme Court · 1960
  3. Abrams v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1949
  4. Pieper v. RenkeAppellate Division of the Supreme Court of the State of New York · 1956

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