Legal Opinion · Concurring in part, dissenting in part

Creinis v. Hanover Insurance

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

Decided February 3, 2009Published

1Concurring in part, dissenting in partCarni, J.

(concurring in part and dissenting in part and voting to the dismiss the appeals from the orders dated January 3, 2006 and March 2, 2006, respectively, reverse the judgment dated April 14, 2006, deny the plaintiffs motion for summary judgment on the complaint, grant the defendant’s cross motion for summary judgment dismissing the complaint, dismiss the complaint, and modify the order dated March 2, 2006 accordingly, with the following memorandum): In my view, the plaintiff in this action failed to meet her burden of proof under Insurance Law § 3420 (a) (2) by establishing a “judgment against…

2Cases cited12 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Wenig v. Glens Falls Indemnity Co.New York Court of Appeals · 1945
  3. Festinger v. EdrichAppellate Division of the Supreme Court of the State of New York · 2006
  4. Holmes v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
  5. Empire Insurance v. Insurance Corp.Appellate Division of the Supreme Court of the State of New York · 2007

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