Legal Opinion

Citizens Savings & Loan Ass'n v. Proprietors Insurance

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

Decided January 19, 1981PublishedCited by 15 opinions

1Opinion of the Court

*378OPINION OF THE COURT

Damiani, J.

This appeal involves an action (Action No. 2) by a mortgagee, Citizens Savings and Loan Association of New York, to recover under the provisions of a comprehensive property insurance policy which covered business interruption losses. The insurer, defendant Proprietors Insurance Company, appeals from an order which denied its motion to dismiss the action upon the ground that plaintiff had failed to timely serve a complaint, upon condition that plaintiff serve the complaint within 20 days of the date of the order, and which granted plaintiff’s cross motion, inter…

2Cases cited12 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
  3. Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  4. Van Slooten v. WheelerNew York Court of Appeals · 1893
  5. Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943

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3Cited by15 opinions

  1. Kincade v. KincadeAppellate Division of the Supreme Court of the State of New York · 1991
  2. Jones v. Wesbanco Bank ParkersburgWest Virginia Supreme Court · 1995
  3. Travelers Insurance v. Providence Washington Insurance GroupAppellate Division of the Supreme Court of the State of New York · 1988
  4. Federal Insurance v. PGG Realty, LLCDistrict Court, S.D. New York · 2008
  5. Ltd. Invest. Group Corp. v. Huntington Natl. BankOhio Court of Appeals · 2022

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