Legal Opinion
Baerga v. Transtate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1995PublishedCited by 3 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about October 5, 1994, which, inter alia, denied defendant’s motion for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.
The IAS Court properly determined that summary judgment in defendant’s favor was barred by material triable issues of fact as to whether the plaintiffs failure to cooperate with the defendant in the investigation of the insurance claim, based upon plaintiffs failure to appear for a continued examination under oath, was a willful disregard of plaintiffs…
2Cases cited11 opinions
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
- Catalogue Service of Westchester, Inc. v. Insurance of North AmericaAppellate Division of the Supreme Court of the State of New York · 1980
- Evans v. International InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
- High Fashions Hair Cutters v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- Yerushalmi v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- New York Central Mutual Fire Insurance v. RafailovaAppellate Division of the Supreme Court of the State of New York · 2007
- Wingates, LLC v. Commonwealth Insurance Co. of AmericaDistrict Court, E.D. New York · 2014
- Erie Insurance v. JMM Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2009