Legal Opinion

Fleming v. Allstate Insurance

New York Court of Appeals

Decided November 14, 1985PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (106 AD2d 426). No basis is shown for amendment of the complaint to state a claim for punitive damages (see, Queensbury Union Free School Dist. v Walter Corp., 101 AD2d 992, 993, affd 64 NY2d 964).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

2Cases cited3 opinions

  1. Fleming v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  2. Queensbury Union Free School District v. Jim Walter Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Queensbury Union Free School District v. Jim Walter Corp.New York Court of Appeals · 1985

3Cited by20 opinions

  1. Maurillo v. Park Slope U-HaulAppellate Division of the Supreme Court of the State of New York · 1993
  2. DiBlasi v. Aetna Life & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  3. Sweazey v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
  4. Safeguard Insurance v. Angel Guardian HomeDistrict Court, E.D. New York · 1996
  5. State Farm Mutual Automobile Insurance v. LanganAppellate Division of the Supreme Court of the State of New York · 2005

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