Legal Opinion

Berger v. American National Fire Insurance

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

Decided January 18, 1952PublishedCited by 9 opinions

1Per curiam

The complaint in action No. 1 alleges a cause of action in contract and also a cause of action for malicious prosecution. The order appealed from provides for a severance and separate trial of such causes of action. We think that the order reflects a proper exercise of the court’s discretion and should be affirmed.

The defendants in actions No. 1 and No. 2 appeal from orders denying motions to dismiss the cause of action for malicious prosecution in each complaint, on the ground that the complaints do not state facts sufficient to constitute a cause of action. (Rules Civ. Prac., rule 106,…

2Cases cited8 opinions

  1. Al Raschid v. News Syndicate Co.New York Court of Appeals · 1934
  2. Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
  3. Graham v. Buffalo General Laundries Corp.New York Court of Appeals · 1933
  4. Green v. General Cigar Co.Appellate Division of the Supreme Court of the State of New York · 1933
  5. Laster v. SolotaroffAppellate Division of the Supreme Court of the State of New York · 1947

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3Cited by9 opinions

  1. Smith v. County of LivingstonAppellate Division of the Supreme Court of the State of New York · 1979
  2. Eberhardt v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
  3. Tranberg v. County of NassauNew York Supreme Court · 1961
  4. Ashlaw v. Racquette River Paper Co.Appellate Division of the Supreme Court of the State of New York · 1955
  5. Johler v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1976

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