Legal Opinion
Aragona v. Allstate Insurance
New York District Court
Decided July 9, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Fred J. Hirsh, J.
This motion raises the question of whether a party can be *244compelled to settle an action when the defendant offers to permit plaintiff to enter a judgment for the full amount of plaintiffs damages including statutory interest and costs and disbursements without conceding liability.
Background
Defendant Allstate Insurance Company moves to dismiss this action pursuant to CPLR 3211 (a) (2) on the grounds no justiciable controversy exists.
On July 11, 2007 John Aragona’s 2002 Toyota Highlander was damaged in a motor vehicle accident. The vehicle was taken to M.VB.…
2Cases cited22 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Zeitlin v. New York Islanders Hockey Club, L.P.New York Supreme Court · 2015