Legal Opinion
Rosen v. Colonial Cooperative Insurance
New York Supreme Court
Decided October 20, 1966PublishedCited by 2 opinions
1Opinion of the CourtMichael Catalano, J.
Plaintiff seeks judgment pursuant to CPLR 3211, dismissing defenses in the answer First through *806Sixth as insufficient; Third has no merit; Fourth, Fifth and Sixth do not allege details according to CPLR 3016 (subd. [b]).
"A party may move for judgment dismissing one or more defenses, on the ground that a defense is not stated or has no merit.” (CPLR 3211, subd. [b].) No mention is made that upon such motion the court may dismiss the complaint without a cross motion therefor as was found in old Civil Practice Rule 109 (subd. 6); (see New York Plumbers Specialties Co. v. Columbia Cas. Co., 13 A…
2Cases cited14 opinions
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Goldstein v. National Liberty Insurance Co. of AmericaNew York Court of Appeals · 1931
- Hessian Hills Country Club, Inc. v. Home InsuranceNew York Court of Appeals · 1933
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Navegacion Goya, S. A. v. Mutual Boiler & MacHinery InsuranceDistrict Court, S.D. New York · 1975
- Restaurant Enterprises, Inc. v. Sussex Mutual InsuranceSupreme Court of New Jersey · 1968