Mason v. First Central National Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Plaintiff commenced this action against defendant alleging that it breached the terms of a life insurance policy by refusing to pay benefits under the policy it issued to decedent prior to his death, and also sought punitive damages. Defendant moved to dismiss the complaint claiming that documentary evidence existed that established a defense to the claim as a matter of law (see CPLR 3211 [a] [1]) and on the ground that plaintiff failed to state a cause of action (see CPLR 3211 [a] [7]). Supreme Court granted defendant’s motion, prompting this appeal.
At the outset, plaintiffs second cause of…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Crepin v. FogartyAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by23 opinions
- Hyman v. BurgessAppellate Division of the Supreme Court of the State of New York · 2015
- Lewis v. DiMaggioAppellate Division of the Supreme Court of the State of New York · 2014
- New York State Workers' Compensation Board v. Program Risk Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- New York Mun. Power Agency v. Town of MassenaAppellate Division of the Supreme Court of the State of New York · 2020
- Ganje v. YusufAppellate Division of the Supreme Court of the State of New York · 2015
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