Legal Opinion
Azby Brokerage, Inc. v. Allstate Insurance
District Court, S.D. New York
Decided March 16, 1988No. 85 Civ. 3594 (RJW)PublishedCited by 52 opinions
1Opinion of the Court
OPINION
ROBERT J. WARD, District Judge.
Defendant Allstate Insurance Company (“Allstate”) has moved pursuant to Rule 12(b)(6), Fed.R.Civ.P., for an order dismissing the complaint. For the reasons that follow, defendant’s motion is granted in part and denied in part.
BACKGROUND
The instant action was stayed by this Court on the ground of primary jurisdiction, see Azby Brokerage, Inc. v. Allstate Insurance Co., 637 F.Supp. 382 (S.D.N.Y.1986), and placed on the Court’s suspense docket pending presentation to the appropriate state administrative tribunals. Following a year and one half of state…
2Cases cited29 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Walker v. SheldonNew York Court of Appeals · 1961
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
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3Cited by52 opinions
- Cynthia Maurizio v. Olivia Goldsmith, AKA Justine Rendal, AKA Randi J. GoldfieldCourt of Appeals for the Second Circuit · 2000
- Securitron Magnalock Corp. v. SchnabolkCourt of Appeals for the Second Circuit · 1995
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- John W. Riordan Jane Fox v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
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