Legal Opinion
128 Hester LLC v. New York Marine & General Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 5, 2015No. 14433 651523/11PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (George J. Silver, J.), entered May 21, 2014, which denied defendant insurers’ motions for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendant Tower Insurance Company of New York summary judgment dismissing the complaint, the third-party complaint and all cross claims as against it, and otherwise affirmed, without costs.
Even if issues of fact exist as to whether the subject loss occurred during the Tower policy period, a material misrepresentation made at the time an insurance policy is being procured may lead…
2Cases cited5 opinions
- Process Plants Corp. v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Millar v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Kiss Construction NY, Inc. v. Rutgers Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Chester v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- East 115th Street Realty Corp. v. Focus & Struga Building Developers LLCAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Caldara v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- Great Am. Ins. Co. of N.Y. v. L. Knife & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Starr Indem. & Liab. Co. v. Monte Carlo, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Starr Indem. & Liab. Co. v. Monte Carlo, LLCAppellate Division of the Supreme Court of the State of New York · 2021
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