Holmes v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Eager, J. P.
The defendant appeals from an order which granted plaintiffs ’ motion for summary judgment prior to service of pleadings. But we conclude that this is not an action ‘ ‘ based upon an instrument for the payment of money only or upon any judgment ” within the meaning of the provisions of CPLR 3213 providing for a ‘ motion for summary judgment in lieu of complaint ” in such an action. This was a contention of defendant in the papers submitted at Special Term, and its counsel, on the argument of the appeal, refused to waive the procedural point. (Cf. Reilly v. Insurance Co. of North…
2Cases cited11 opinions
- Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
- Wenig v. Glens Falls Indemnity Co.New York Court of Appeals · 1945
- Fox v. Employers' Liability Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Tennant v. Farm Bureau Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
- Fox v. Employers' Liability Assurance Corp., of London, EnglandNew York Court of Appeals · 1935
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Maglich v. Saxe, Bacon & Bolan, P. C.Appellate Division of the Supreme Court of the State of New York · 1983
- American Continental Properties, Inc. v. National Union Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1994
- Kleynshvag v. GAN InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Barney's, Inc. v. Isetan Co. (In Re Barney's, Inc.)United States Bankruptcy Court, S.D. New York · 1996
- Burgos v. Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
15 more not listed; retrieve them via the Exa API.