Legal Opinion

NYAT Operating Corp. v. GAN National Insurance

New York Supreme Court

Decided May 18, 2005PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Debra A. James, J.

Defendants move to dismiss the complaint pursuant to CPLR 3126 based upon the failure of NYAT to comply with discovery orders of this court. Plaintiff Renata Cabrera (hereinafter the judgment creditor) opposes the motion to the extent it seeks to dismiss the fifth cause of action pursuant to Insurance Law § 3420 (d) and cross-moves for summary judgment. Defendants oppose the judgment creditor’s cross motion. NYAT has defaulted in appearance on this motion.

As set forth in this court’s prior orders, this action was brought by plaintiff NYAT seeking a…

2Cases cited9 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
  3. Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
  4. Worcester Insurance v. BettenhauserNew York Court of Appeals · 2000
  5. Markevics v. Liberty Mutual InsuranceNew York Court of Appeals · 2001

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3Cited by1 opinion

  1. Jewish Community Center v. Trumbull InsuranceDistrict Court, E.D. New York · 2013

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