Legal Opinion
Philan Insurance v. Hall
New York Supreme Court
Decided November 19, 1996PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The principal legal issue presented on the motions before me is whether a stipulation providing for dismissal "with prejudice” of claims asserted against an employee bars the prosecution of the same claims against the employer under the doctrine of respondeat superior.
Before me are motions (i) by defendant Madison Intermediaries, Inc. (Madison) for summary judgment dismissing claims asserted by plaintiffs relating to reinsurance losses, and (ii) by plaintiffs and third-party defendant Milot to dismiss, pursuant to CPLR 3211 (a) (7), the counterclaim…
2Cases cited18 opinions
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Riviello v. WaldronNew York Court of Appeals · 1979
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Reilly v. ReidNew York Court of Appeals · 1978
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3Cited by2 opinions
- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
- Marus v. Village MedicalAppellate Division of the Supreme Court of the State of New York · 2008