C.D. City, Inc. v. Maryland Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover additional proceeds under an insurance policy, the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered March 27, 2003, which denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In September 2002 the plaintiff commenced an action against the defendant insurer, inter alia, to recover additional proceeds under an insurance policy with respect to a burglary at its premises on October…
2Cases cited6 opinions
- Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
- County of Columbia v. Continental InsuranceNew York Court of Appeals · 1994
- Costello v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Hamilton v. KhalifeAppellate Division of the Supreme Court of the State of New York · 2001
- Roberts v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by1 opinion
- Dimmick v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 2008