Legal Opinion
Eliseo v. Stan Margolin Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 2 opinions
1Opinion of the Court
— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment. The allegations in defendant’s third-party complaint cannot be used as admissions against defendant, particularly where they are inconsistent with the denials in the answer (see, Kirchner v Muller, 280 NY 23; Collins v Caldor of Kingston, 73 AD2d 708; Scolite Intl. Corp. v Vincent J. Smith, Inc., 68 AD2d 417). Plaintiff is not entitled to summary judgment on the cause of action alleging a breach of…
2Cases cited5 opinions
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Mars Associates, Inc. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1987
- Kirchner v. MullerNew York Court of Appeals · 1939
- Scolite International Corp. v. Vincent J. Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Collins v. Caldor of Kingston, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by2 opinions
- Hatco Corporation v. W.R. Grace & Co.--Conn., a Corporation of the State of Connecticut, and Third-Party v. Allstate Insurance Company (As Successor to Northbrook Excess and Surplus Company) American Employers' Insurance Company Certain Underwriters at Lloyd's, London and the London Market Companies Commercial Union Insurance Company Continental Casualty Company Pacific Employers Insurance Company Unigard Security Insurance Company, Third-Party and Commercial Union Insurance Company, Third-Party and Fourth-Party v. Maryland Casualty Company, Fourth-Party and Fifth-Party v. American Centennial Insurance Company Evanston Insurance Company First State Insurance Company Gibraltar Casualty Company Hartford Casualty Insurance Company Certain Underwriters at Lloyd's, London and the London Market Companies Midland Insurance Company Reliance Insurance Company Republic Insurance Company Royal Indemnity Company Transport Indemnity, A/K/A Mission American Insurance Company Twin City Fire Insurance Company, Fifth-Party and W.R. Grace & Co.--Conn.Court of Appeals for the First Circuit · 1995
- Hatco Corp. v. W.R. Grace & Co.-Conn.Court of Appeals for the Third Circuit · 1995