Carpinone v. Mutual of Omaha Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Spain, J.
Cross appeals from an order of the Supreme Court (Donohue, J.), entered April 8, 1998 in Sullivan County, which, inter alia, partially granted defendant Mutual of Omaha Insurance Company’s motion to dismiss the complaint in action No. 1 insofar as it seeks damages for fraud.
Plaintiff Anthony Carpinone (hereinafter plaintiff) and his wife, derivatively, commenced an action (action No. 1) alleging causes of action sounding in breach of contract and fraud to re*753cover money damages resulting from the refusal by defendant Mutual of Omaha Insurance Company (hereinafter Mutual) to pay…
2Cases cited19 opinions
- Process Plants Corp. v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Vander Veer v. Continental Casualty Co.New York Court of Appeals · 1974
- Transamerica Commercial Finance Corp. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1991
- Wittner v. IDS InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Borchardt v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
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