Legal Opinion
Kyong Nam Chang v. General Accident Insurance of America
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1993PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 22, 1992, which denied the defendant-insurer’s motion for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.
The IAS Court properly determined that summary judgment dismissing the first cause of action of the plaintiffs complaint for breach of contract was precluded by triable issues of fact as to whether the plaintiff had willfully or intentionally misrepresented the extent of his present insurance loss and his prior loss history.
Although, as the defendant-insurer…
2Cases cited4 opinions
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Saks & Co. v. Continental Ins.New York Court of Appeals · 1968
- Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
- Domagalski v. Springfield Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by11 opinions
- Liberty Mutual Fire Insurance v. E.E. Cruz & Co.District Court, S.D. New York · 2007
- St. Irene Chrisovalantou Greek Orthodox Monastery, Inc. v. Cigna InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Charnock v. Preferred Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Lenhard v. Genesee Patrons Co-operative InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Royal Insurance v. 342 Madison Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
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