Legal Opinion
Good v. American Pioneer Title Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2004PublishedCited by 3 opinions
1Opinion of the Court
*402In an action to recover damages for fraud, violation of General Business Law § 349 and unjust enrichment, the defendant appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated April 25, 2003, which denied its motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (2).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly denied the motion, inter alia, to dismiss the complaint based on the doctrine of primary jurisdiction. Under that doctrine, a court may refrain from exercising jurisdiction over a matter where an administrative…
2Cases cited4 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Markow-Brown v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
- EPDI Associates v. ConleyAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- National Convention Services, L.L.C. v. Applied Underwriters Captive Risk Assurance Co.District Court, S.D. New York · 2017
- Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- Matyas v. Board of EducationNew York Supreme Court · 2008