Legal Opinion

Allstate Insurance v. Raguzin

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

Decided November 15, 2004PublishedCited by 7 opinions

1Opinion of the Court

In an action to enforce a contractual right to a trial de novo, the defendant appeals from an order of the Supreme Court, *469Putnam County (Hickman, J.), dated November 17, 2003, which denied her motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7), and to confirm two arbitration awards pursuant to CPLR 7510.

Ordered that the order is affirmed, with costs.

Where, as here, evidentiary material is submitted in support of a motion to dismiss the complaint, the motion should be granted only where such evidence demonstrates that a material fact alleged by the plaintiff to be true is…

2Cases cited6 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Barbuto v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  3. Yew Prospect, LLC v. SzulmanAppellate Division of the Supreme Court of the State of New York · 2003
  4. Museum Trading Co. v. BantryAppellate Division of the Supreme Court of the State of New York · 2001
  5. 269 Fulton Corp. v. H.A.B. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by7 opinions

  1. Sta-Brite Services, Inc. v. SuttonAppellate Division of the Supreme Court of the State of New York · 2005
  2. Kelly v. SchwendAppellate Division of the Supreme Court of the State of New York · 2005
  3. Holowacz v. Insurance of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Meltzer v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2007
  5. Del Pozo v. Impressive Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

2 more not listed; retrieve them via the Exa API.

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