Legal Opinion

Kemper v. Transamerica Insurance

Civil Court of the City of New York

Decided September 15, 1969PublishedCited by 17 opinions

1Opinion of the CourtMartin B. Stecher, J.

The defendant moves to dismiss the complaint, asserting that the plaintiff’s claim exceeds the court’s monetary jurisdiction.

The plaintiff, in his complaint and opposing affidavits alleges that his business premises were destroyed by fire on January 27, 1967. He presented his claim to the defendant insurance carrier, first personally and then through his attorneys. His claim was never rejected. Neither was it paid. It was ignored. Ten days before the expiration of the contractual time limitation in which to bring suit, plaintiff served the summons and complaint herein asserting four “ causes…

2Cases cited8 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. Smith v. KirkpatrickNew York Court of Appeals · 1953
  3. Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
  4. Marony v. ApplegateAppellate Division of the Supreme Court of the State of New York · 1943
  5. Vigil v. Cayuga Construction Corp.City of New York Municipal Court · 1945

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In re the Estate of YoungNew York Surrogate's Court · 1975
  2. Haas v. SchollNew York Supreme Court · 1971
  3. Garfinkle v. KaplanCivil Court of the City of New York · 1974
  4. Zurich Insurance v. EvansCivil Court of the City of New York · 1977
  5. B&R Textiles Corp. v. Empire Bias Binding Co.Civil Court of the City of New York · 1985

12 more not listed; retrieve them via the Exa API.

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