Legal Opinion

Fanta-Sea Swim Center, Inc. v. Rabin

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 1985PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed, without costs. Memorandum: Defendant Rabin & Scheff appeals from a judgment, following a nonjury trial, which awarded plaintiff $16,212.36 plus interest as reimbursement for cargo and collision damages sustained by plaintiff. Rabin & Scheff contends that a contract of insurance was created between plaintiff and defendant Royal Globe Insurance Company obligating Royal Globe to indemnify plaintiff for its losses and in the event Rabin & Scheff is liable to plaintiff it should be indemnified by Royal Globe. We disagree.

Rabin & Scheff had no authority to bind Royal…

2Cases cited4 opinions

  1. American Motorists Insurance v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 1984
  2. Brown v. PoritzkyNew York Court of Appeals · 1972
  3. Riedman Agency, Inc. v. Meaott Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Sutton v. CobbAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by6 opinions

  1. Neil Plumbing & Heating Construction Corp. v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  2. General Accident Insurance v. David C. Smith & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Bennacer v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  4. American National Fire Insurance v. Howland LaClair Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Richter v. 210 Equities Corp.Appellate Division of the Supreme Court of the State of New York · 1995

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