Legal Opinion

Rait v. Bauer

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

Decided June 30, 1986PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of an insurance contract, the defendants Home Mutual Insurance Co. and GAB Business Services, Inc. (hereinafter the appellants), appeal from an order of the Supreme Court, Orange County (Cowhey, J.), dated March 26, 1985, which denied their motion to dismiss the plaintiff’s action as to them for failure to timely serve a complaint pursuant to CPLR 3012 (b).

Order modified, as a matter of discretion, by adding thereto a provision conditioning the denial of the appellants’ motion upon payment of $250 by the plaintiff personally to each…

2Cases cited5 opinions

  1. Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
  2. A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
  3. Wilenski v. Auricchio Monuments, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. National States Electric Corp. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1984
  5. Kashti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by5 opinions

  1. Burgess v. Brooklyn Jewish HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gordineer v. GallagherAppellate Division of the Supreme Court of the State of New York · 1990
  3. Joseph T. Ryerson & Son, Inc. v. PetitoAppellate Division of the Supreme Court of the State of New York · 1987
  4. Klosterman v. Federal Express Co.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Eisenberg v. GottesmanAppellate Division of the Supreme Court of the State of New York · 1991

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