Legal Opinion
Carothers v. Insurance Companies
Civil Court of the City of New York
Decided October 14, 2009PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter P. Sweeney, J.
Following a jury verdict for defendants on their defense that plaintiff, Andrew Carothers, M.D., P.C., was fraudulently incorporated within the meaning of State Farm Mut. Auto. Ins. Co. v Mallela (4 NY3d 313 [2005]), plaintiff moves pursuant to CPLR 4404 (a), and in the interests of justice, to set aside the verdict, to enter a verdict in its favor and/or for a new trial on the grounds that: (a) the court improperly instructed the jury on fraudulent incorporation; (b) the court’s decision to charge the jury, and the specific contents of the charge…
2Cases cited22 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Edith Libutti, Doing Business as Lion Crest Stable, a Sole Proprietorship v. United StatesCourt of Appeals for the Second Circuit · 1997
- Niesig v. Team INew York Court of Appeals · 1990
- State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Andrew Carothers, M.D., P.C. v. Progressive InsuranceAppellate Terms of the Supreme Court of New York · 2013
- Victory Medical Diagnostics, P.C. v. Nationwide Property & Casualty InsuranceNassau County District Court · 2012
- Dynamic Medical Imaging, P.C. v. State Farm Mutual Automobile InsuranceNew York District Court · 2010
- Huntington Regional Chiropractic, P.C. v. Allstate InsuranceNassau County District Court · 2013
- McGillis Investment Company v. First Interstate Financial Utah LLCColorado Court of Appeals · 2015
1 more not listed; retrieve them via the Exa API.