Legal Opinion
Califano v. Citizens Insurance Co. of New Jersey
New York Supreme Court
Decided April 19, 1937PublishedCited by 10 opinions
1Opinion of the CourtShientag, J.
The motion is properly made. The defendant is proceeding under subdivision 6 of rule 107 of the Rules of Civil Practice, which permits the use of affidavits and provides for the dismissal of the complaint if the facts show “ that the cause of action did not accrue within the time limited by law for the commencement of an action thereon.”
This is a motion to dismiss a complaint for failure to bring the action within the period of limitations fixed in the insurance policy. The policy insured a stock of pictures which were damaged by slashing on May 16, 1935. The policy provided that proofs of…
2Cases cited8 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Titus v. . PooleNew York Court of Appeals · 1895
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Gallin v. Allemannia Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Planet Construction Corp. v. Board of EducationNew York Court of Appeals · 1960
- Sassi v. Jersey Trucking Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- Lighter Real Estate Number Three, L.L.C. v. Greater New York InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Califano v. Citizens Insurance Co. of New JerseyAppellate Division of the Supreme Court of the State of New York · 1937
- United Merchants & Manufacturers, Inc. v. United States Lines Co.City of New York Municipal Court · 1953
5 more not listed; retrieve them via the Exa API.