Fleming v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages based upon a breach of an insurance contract, defendant appeals from an order of the Supreme Court, Suffolk County (Mallon, J.), dated August 22, 1983, which denied its motion to dismiss the complaint. (Plaintiffs’ cross appeal from said order has been abandoned.)
Order modified, on the law, by adding thereto a provision granting defendant’s motion to dismiss the complaint solely with respect to plaintiffs’ requests for (1) compensatory damages for emotional distress and (2) punitive damages. As so modified, order affirmed without costs or disbursements.
Upon a…
2Cases cited15 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Walker v. SheldonNew York Court of Appeals · 1961
- Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
- Johnson v. General Mutual InsuranceNew York Court of Appeals · 1969
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3Cited by35 opinions
- McCullough v. Golden Rule Insurance Co.Wyoming Supreme Court · 1990
- Maurillo v. Park Slope U-HaulAppellate Division of the Supreme Court of the State of New York · 1993
- DiBlasi v. Aetna Life & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Fleming v. Allstate InsuranceNew York Court of Appeals · 1985
- Sweazey v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
30 more not listed; retrieve them via the Exa API.