Legal Opinion

Carven Associates v. American Home Assurance Corp.

New York Court of Appeals

Decided November 29, 1994PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the order of Supreme Court dismissing plaintiffs’ complaint reinstated. The certified question should be answered in the negative.

In the singular circumstances presented by this appeal we conclude that Supreme Court properly exercised its discretion to dismiss the complaint and the third-party complaint, even after its previous denial of defendant American Home’s motion had been affirmed by the Appellate Division, First Department (173 AD2d 369). A subsequent order of the Appellate…

2Cases cited1 opinion

  1. Carven Associates v. American Home Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by9 opinions

  1. Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
  2. Wilson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  3. MacIntosh v. BronzoAppellate Division of the Supreme Court of the State of New York · 2003
  4. Andrea v. Arnone, Hedin, Casker, Kennedy & Drake Architects & Landscape Architects, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Anderson & Anderson LLP-Guangzhou v. North Am. Foreign Trading Corp.Court of Appeals for the Second Circuit · 2021

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