Legal Opinion
Syrang Aero Club, Inc. v. Foremost Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1976PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion denied. Memorandum: Third-party plaintiff Foremost Insurance Company (Foremost) appeals from an order dismissing its third-party complaint against Avemco Insurance Brokerage, Inc. (Avemco) on the ground that the complaint fails to state a cause of action (CPLR 3211, subd [a], par 7). Foremost correctly contends that inasmuch as the asserted ground for the motion was res judicata, and since the moving papers assigned no other ground, the order should be reversed (Mulonet v Lasky, 39 AD2d 922; Carney v American Fid. Fire Ins. Co., 29 *1096AD2d 795).…
2Cases cited5 opinions
- Carrols Equities Corp. v. VillnaveNew York Supreme Court · 1973
- Carrols Equities Corp. v. VillnaveAppellate Division of the Supreme Court of the State of New York · 1975
- Higby Enterprises, Inc. v. City of UticaNew York Supreme Court · 1967
- Mulonet v. LaskyAppellate Division of the Supreme Court of the State of New York · 1972
- Carney v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by3 opinions
- Roland Pietropaoli Trucking, Inc. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Holy Spirit Ass'n for the Unification of World Christianity v. Harper & Row, Publishers, Inc.New York Supreme Court · 1979
- Roland Pietropaoli Trucking, Inc. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984