Legal Opinion

Fletcher v. Rodriguez

New York Supreme Court

Decided February 2, 2015Published

1Opinion of the Court

OPINION OF THE COURT

David Elliot, J.

Motion by defendant for an order, inter alia, dismissing the complaint against him pursuant to CPLR 3211 (a) (10); and by separate notice of motion by plaintiff for an order restoring this action to the trial calendar and for an order, in effect, granting her summary judgment dismissing defendant’s defense of estoppel.

It is ordered that the motions are determined as follows:

This presents a case in which, after receiving a denial of claim from defendant’s insurer following a motor vehicle accident, plaintiff, in compliance with Insurance Department…

2Cases cited21 opinions

  1. Peralta v. VasquezCourt of Appeals for the Second Circuit · 2006
  2. Ford Motor Credit Co. v. Colonial Funding Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. City of New York v. College Point Sports Ass'nAppellate Division of the Supreme Court of the State of New York · 2009
  4. Festinger v. EdrichAppellate Division of the Supreme Court of the State of New York · 2006
  5. Barker v. AmoriniAppellate Division of the Supreme Court of the State of New York · 2014

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