Legal Opinion

Kerins v. Prudential Property & Casualty

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1992PublishedCited by 14 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from that part of an order of the Supreme Court (Kahn, J.), entered February 26, 1991 in Albany County, which granted summary judgment in favor of defendant and dismissed that part of the complaint alleging collateral estoppel.

Plaintiff was involved in a motor vehicle collision with Helen Waters on November 6, 1987. Thereafter, Waters’ automobile insurance carrier (Nationwide Insurance Company) made a claim against plaintiff’s insurance carrier (defendant). Defendant disclaimed coverage based on a prior cancellation of plaintiff’s coverage. Nationwide then filed for…

2Cases cited5 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. Gilberg v. BarbieriNew York Court of Appeals · 1981
  3. Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
  4. Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
  5. Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977

3Cited by14 opinions

  1. Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
  2. Martin v. O'Connor (In Re Martin)United States Bankruptcy Court, N.D. New York · 1996
  3. State Farm Insurance v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
  4. Feinberg v. BorosAppellate Division of the Supreme Court of the State of New York · 2005
  5. Feinberg v. BorosAppellate Division of the Supreme Court of the State of New York · 2012

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