Legal Opinion
City of Amsterdam v. Lam
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Peters, J.
Appeal from an order of the Supreme Court (Best, J.), entered December 23, 1998 in Montgomery County, which granted defendant Cigna Insurance Company’s motion for summary judgment dismissing the complaint against it.
In this case of first impression, a municipality seeks to hold an insurance company liable for “inducing arson” by overinsuring property. Upon these facts, we cannot find any duty owed to plaintiff since it was not in privity of contract.
Defendant Nissim Mizrachi, the owner and controller of defendant Nizmeister Realty Corporation, purchased a 100-year-old industrial…
2Cases cited8 opinions
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
- Leavitt-Berner Tanning Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1987
- James v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Jansen v. Fidelity & Casualty Co.New York Court of Appeals · 1992
- MATTER OF JAMES v. StateNew York Court of Appeals · 1983
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3Cited by5 opinions
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- Teachers Insurance & Annuity Ass'n v. TedeschiAppellate Division of the Supreme Court of the State of New York · 2004
- Donovan v. Idant LaboratoriesDistrict Court, E.D. Pennsylvania · 2009
- Koczwara v. Nationwide General Insurance CompanyDistrict Court, S.D. New York · 2022