Legal Opinion
Cardinale v. Genesee Valley Medical Care
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983PublishedCited by 6 opinions
1Opinion of the Court
— Order reversed, with costs, and defendant’s motion denied. Memorandum: In granting defendant summary judgment dismissing the complaint, Special Term ignored the existence of a factual issue as to whether defendant waived its right to assert that plaintiffs’ claim is time barred by a course of conduct which may have “lulled plaintiff [s] into believing that [their] claim would ultimately be processed and that reliance on this sense of security caused a forebearance to sue” (Pasmear Inn v General Acc. Fire & Life Assur. Corp., 44 AD2d 647). The undisputed facts are these. Plaintiffs…
2Cases cited4 opinions
- Conte v. Yorkshire InsuranceNew York Supreme Court · 1957
- Pasmear Inn, Inc. v. General Accident Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Aarons Fifth Avenue, Inc. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1976
- Dresserville Farms, Inc. v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by6 opinions
- Pedrick v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- C.I.T. Leasing Corp. v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- Ilic v. Peerless InsuranceNew York Supreme Court · 1998
- North American Foreign Trading Corp. v. Mitsui Sumitomo Insurance Usa, Inc.Court of Appeals for the Second Circuit · 2008
- Blue Cross of Western New York, Inc. v. Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1992
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