Legal Opinion · Dissent
VanMinos v. Merkley
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1975Published
1Dissent
Simons, J. (dissenting).
We do not reach the merits because in our view the third-party plaintiffs are barred from proceeding in this 1965 accident claim as a result of the dismissal of the original third-party complaint pursuant to CPLR 3211 (subd [a], pars 1, 7).
It was alleged in that complaint that New Hampshire Insurance Company issued a policy of insurance which provided coverage for any liability of third-party plaintiffs arising *288out of the accident involving their son. The motion was supported by the policy itself and facts conceded pursuant to an unanswered notice to admit.
The court…
2Cases cited7 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
- Cushman & Wakefield, Inc. v. John David, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Flynn v. Sinclair Oil Corp.New York Court of Appeals · 1964
- Flynn v. Sinclair Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1964
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