Legal Opinion
Progressive Northeastern Insurance v. North State Autobahn, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Smith, J.), dated January 12, 2009, which, upon the granting of the defendants’ motion pursuant to CPLR 4401 to dismiss the complaint, made at the close of the plaintiffs evidence, is in favor of the defendants and against it, dismissing the complaint.
Ordered that the judgment is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and a new trial is granted.
The defendants established their prima facie entitlement to judgment…
2Cases cited11 opinions
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
- Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
- Sitar v. SitarAppellate Division of the Supreme Court of the State of New York · 2009
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Level 3 Communications, LLC v. Essex CountyAppellate Division of the Supreme Court of the State of New York · 2015
- Progressive Northeastern Insurance v. North State Autobahn, Inc.Appellate Division of the Supreme Court of the State of New York · 2010