Legal Opinion

Averbuch v. Home Insurance

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

Decided November 4, 1985PublishedCited by 22 opinions

1Opinion of the Court

—In an action to recover on a fire insurance policy, defendant appeals from so much of an order of the Supreme Court, Suffolk County (Corso, J.), dated October 5, 1984, as only conditionally granted that branch of its motion which was for summary judgment unless plaintiff furnished defendant with certain documents within 30 days of receipt of the order, with notice of entry.

Order reversed, insofar as appealed from, on the law, with costs, by deleting therefrom the provision which only conditionally granted that branch of defendant’s motion which was for summary judgment and substituting…

2Cases cited5 opinions

  1. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
  2. Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
  3. Williams v. American Home AssuranceAppellate Division of the Supreme Court of the State of New York · 1983
  4. Williams v. American Home Assurance Co.New York Court of Appeals · 1984
  5. Hallas v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by22 opinions

  1. Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  2. 2423 Mermaid Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  3. Richard B. Rosenthal v. Prudential Property & Casualty CompanyCourt of Appeals for the Second Circuit · 1991
  4. Evans v. International InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
  5. Pizzirusso v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1988

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