Legal Opinion

Gutierrez v. Government Employees Insurance

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

Decided February 24, 2016No. 2015-03923PublishedCited by 31 opinions

1Opinion of the Court

In an action to recover damages for breach of the terms of an insurance policy and breach of the implied covenant of good faith and fair dealing, the defendant appeals from an order of the Supreme Court, Kings County (Toussaint, J.), dated February 11, 2015, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the plaintiff’s second and third causes of action.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant’s motion which was to dismiss the third cause of action, and substituting therefor a provision granting…

2Cases cited9 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  3. Bi-Economy Market, Inc. v. Harleysville InsuranceNew York Court of Appeals · 2008
  4. Panasia Estates, Inc. v. Hudson InsuranceNew York Court of Appeals · 2008
  5. Moran v. ErkNew York Court of Appeals · 2008

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. ReciprocalAppellate Division of the Supreme Court of the State of New York · 2021
  2. 25 Bay Terrace Associates, L.P. v. Public Service Mutual Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016
  3. 25 Bay Terrace Assoc., L.P. v. Public Serv. Mut. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Celauro v. 4C Foods Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Brown v. Erie Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2022

26 more not listed; retrieve them via the Exa API.

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