Legal Opinion
Billings v. Berkshire Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Harvey, J.
Appeal from an order of the Supreme Court (Plumadore, J.), entered June 9, 1988 in Schenectady County, which granted defendant New York Property Insurance Underwriting Association’s motion to dismiss the complaint against it for failure to prosecute.
The underlying action in this case was commenced by plaintiff in 1981 to recover damages for a fire loss sustained in 1980. Following joinder of issue, defendant Berkshire Mutual Insurance Company served a demand upon plaintiff in June 1985 to file a note of issue. In September 1985, after 'more than 90 days elapsed without compliance…
2Cases cited8 opinions
- Hargett v. Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Aquilino v. Adirondack Transit Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Stein v. Wainwright's Travel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Billings v. Berkshire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Levin v. 40 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
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3Cited by5 opinions
- Castro v. Homsun Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Zent v. Board of Education of Cleveland Hill School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Abele Tractor & Equipment Co. v. RJ Valente, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Cleary v. StarkweatherAppellate Division of the Supreme Court of the State of New York · 1990
- Terry v. Southern ContainerAppellate Division of the Supreme Court of the State of New York · 1995