Legal Opinion

J.D. Cousins & Sons, Inc. v. Hartford Steam Boiler Inspection and Insurance Company

Court of Appeals for the Second Circuit

Decided August 21, 2003No. Docket 02-9277PublishedCited by 7 opinions

1Opinion of the Court

BRIEANT, District Judge.

Plaintiff-Appellant (“Cousins”) seeks to review a grant of summary judgment in favor of Defendanb-Appellee (“Hartford”) in this action for a breach of contract to perform inspection services. New York law applies to this diversity suit. 1 While we do not agree with the district court that the issue may be resolved by finding that the inspector acted in subjective good faith, we conclude that on the totality of the facts presented in this comprehensive record, the conduct of the inspector was objectively reasonable and therefore affirm.

I

The following facts are clearly…

2Cases cited6 opinions

  1. Glanzer v. . ShepardNew York Court of Appeals · 1922
  2. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  3. Miner v. Long Island Lighting Co.New York Court of Appeals · 1976
  4. Mikula v. DulibaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Alper Blouse Co. v. E. E. Connor & Co.New York Court of Appeals · 1955

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3Cited by7 opinions

  1. Banco Multiple Santa Cruz v. MorenoDistrict Court, E.D. New York · 2012
  2. Rohn Industries, Inc. v. Platinum Equity LLCSupreme Court of Delaware · 2006
  3. Christie's Inc. v. SWCA, Inc.New York Supreme Court · 2008
  4. HLT Existing Franchise Holding LLC v. Worcester Hospitality Group LLCDistrict Court, S.D. New York · 2014
  5. Aragon v. Wal-Mart Stores East, LPDistrict Court, E.D. Missouri · 2013

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