Legal Opinion
Rental & Management Associates, Inc. v. Hartford Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1994PublishedCited by 4 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Lewis Friedman, J., upon decision of Harold Baer, Jr., J.), entered on or about April 29, 1993, which, inter alia, granted defendant insurer’s cross motion for summary judgment to the extent of declaring that two-thirds of a treble damages award under RPAPL 853 are penal in nature and not indemnifiable by defendant insurer to plaintiff insured, unanimously affirmed, without costs.
We agree with the IAS Court that treble damages under RPAPL 853 are penal in nature, intended by the Legislature "to discourage resort to wrongful…
2Cases cited4 opinions
- Hartford Accident & Indemnity Co. v. Village of HempsteadNew York Court of Appeals · 1979
- Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
- Mannion v. Bayfield Development Co.New York Supreme Court · 1987
- Rental & Management Associates, Inc. v. Hartford InsuranceNew York Supreme Court · 1992
3Cited by4 opinions
- Cox v. Microsoft Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2001
- McCabe v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Lennon v. Philip Morris CompaniesNew York Supreme Court · 2001