Legal Opinion

Schlackman v. Robin S. Weingast & Associates Inc.

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

Decided May 23, 2005PublishedCited by 11 opinions

1Opinion of the Court

In an action, inter alia, to recover premiums paid for life insurance policies and for punitive damages, the defendant Massachusetts Mutual Life Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated November 18, 2003, as denied its motion pursuant to CFLR 3211 (a) (3) and (7) to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

A pleading attacked for insufficiency must be accorded a liberal construction, and “if it states, in some…

2Cases cited8 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Clevenger v. Baker Voorhis & Co.New York Court of Appeals · 1960
  4. Airlines Reporting Corp. v. Pro Travel, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Gingold v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by11 opinions

  1. MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
  2. Sheridan v. CarterAppellate Division of the Supreme Court of the State of New York · 2008
  3. Alexander Romano, Kim Romano, & Travelers Pers. Ins. Co. v. Am. States Ins. Co.District Court, W.D. New York · 2017
  4. Sheridan v. CarterAppellate Division of the Supreme Court of the State of New York · 2008
  5. Stewart v. StateNew York Court of Claims · 2007

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

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