Legal Opinion · Dissent
Andrew Carothers, M.D., P.C. v. Progressive Insurance
Appellate Terms of the Supreme Court of New York
Decided July 5, 2013Published
1DissentSolomon, J.
(dissenting and voting to reverse the judgment and order a new trial in the following memorandum). I must respectfully dissent. I find that the errors in this matter require a new trial.
At the outset, it should be noted that this was a framed-issue trial in which the roles of the plaintiff and defendant were reversed. The joint trial order of September 21, 2006 framed the issue as “solely limited to the issue of whether plaintiff was fraudulently incorporated within the meaning of . . . Mallela. ” Thus, this matter was tried solely on the defense that plaintiff professional corporation was…
2Cases cited18 opinions
- Rogers v. United StatesSupreme Court of the United States · 1951
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Edith Libutti, Doing Business as Lion Crest Stable, a Sole Proprietorship v. United StatesCourt of Appeals for the Second Circuit · 1997
- Murray v. DonlanAppellate Division of the Supreme Court of the State of New York · 1980
13 more not listed; retrieve them via the Exa API.