Legal Opinion
Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'n
New York Court of Appeals
Decided July 2, 1984PublishedCited by 29 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of Supreme Court appealed from and the prior order of the Appellate Division brought up for review should be reversed, the judgments of Supreme Court dated September 14, 1981 and June 10, 1982 should be reinstated, and the matter remitted to the Appellate Division, Second Department, for consideration of the facts. (See CPLR 5613.)
We agree with plaintiffs that the Appellate Division erred in reinstating the defense of fraudulent proof in both actions.
Two actions were brought against defendant insurance companies after a fire destroyed a Brooklyn…
2Cases cited11 opinions
- Saks & Co. v. Continental Ins.New York Court of Appeals · 1968
- Happy Hank Auction Co. v. American Eagle Fire InsuranceNew York Court of Appeals · 1956
- T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1982
- Domagalski v. Springfield Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
- Happy Hank Auction Co. v. American Eagle Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Varda, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1995
- Martin Fine v. Bellefonte Underwriters Insurance Co.Court of Appeals for the Second Circuit · 1985
- Kittner v. Eastern Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Scheiner v. WallaceDistrict Court, S.D. New York · 1993
- Lewis v. LewisAppellate Division of the Supreme Court of the State of New York · 1992
24 more not listed; retrieve them via the Exa API.