Legal Opinion · Concurring in part, dissenting in part

Morris Park Contracting Corp. v. National Union Fire Insurance

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

Decided October 17, 2006Published

1Concurring in part, dissenting in partDillon, J.

(dissenting in part and concurring in part and voting to reverse the order insofar as appealed from and affirm the order insofar as cross-appealed from): While I agree with the majority that the plaintiff, Morris Park Contracting Corp. (hereinafter Morris Park), was not entitled to summary judgment, I believe that, pursuant to applicable case law, summary judgment should have been granted to the defendant, National Union Fire Insurance Company of Pittsburgh, Pa. (hereinafter National Union).

The majority panel affirms the denial of summary judgment to National Union on the ground that there is…

2Cases cited23 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  3. Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
  4. White v. City of New YorkNew York Court of Appeals · 1993
  5. Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957

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