Legal Opinion
Testa v. Utica Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1994PublishedCited by 6 opinions
1Opinion of the Court
—In an action, inter alia, to recover under a fire insurance policy, the defendant Utica Fire Insurance Company appeals from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated April 7, 1992, as denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Supreme Court that the evidence in the record is insufficient to warrant summary judgment dismissing the complaint. Reformation has been allowed in insurance cases where…
2Cases cited5 opinions
- Court Tobacco Stores, Inc. v. Great Eastern InsuranceAppellate Division of the Supreme Court of the State of New York · 1973
- Abulaynain v. New York Merchant Bakers Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Town of German Flats v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Ogdensburg Building Supply, Inc. v. Lumber Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Pena v. New York Property Ins. UnderWriting Assn.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- First Financial Insurance Company, Plaintiff-Counter v. Allstate Interior Demolition Corp., Defendant-Cross Defendant-Counter Claimant-Appellant, Hrh Construction Interiors, Inc., Defendant-Cross Claimant-Counter Claimant-Appellant, the Plaza Hotel Plaza Operating Partners, Ltd Fairmont Hotel Management, L.P. And New Plaza Associates, L.L.C.Court of Appeals for the First Circuit · 1999
- First Financial Insurance v. Allstate Interior Demolition Corp.Court of Appeals for the Second Circuit · 1999
- Anand v. GA InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Princeton Restoration Corp. v. International Fidelity InsuranceDistrict Court, E.D. New York · 2004
- Lexington Village Condominium v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2016
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