Legal Opinion

Randazzo v. Gerber Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 2004PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for a violation of General Business Law § 349, breach of contract, breach of the implied covenant of good faith and fair dealing and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J), entered October 15, 2002, which granted the defendant’s motion pursuant to CFLR 3211 (a) (1) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

Fursuant to CPLR 3211 (a) (1), dismissal of the complaint is warranted where the documentary evidence resolves all factual issues as a matter of law and…

2Cases cited3 opinions

  1. Roth v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1998
  2. Bank v. LakeAppellate Division of the Supreme Court of the State of New York · 2001
  3. Gephardt v. Morgan Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by7 opinions

  1. Katz v. American Mayflower Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  2. Ralex Services, Inc. v. Southwest Marine & General Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
  3. GuideOne Specialty Insurance v. Admiral InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  4. Topel v. Reliastar Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  5. Dougherty v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2004

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