Delaine v. Finger Lakes Fire & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered August 25, 2004. The order denied defendant’s motion for summary judgment dismissing the complaint and sua sponte dismissed the first, second, third, seventh and ninth affirmative defenses.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reinstating the third and ninth affirmative defenses and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action to recover proceeds under a policy of insurance issued…
2Cases cited8 opinions
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- Garcia v. AbramsAppellate Division of the Supreme Court of the State of New York · 1983
- P.S. Auctions, Inc. v. Exchange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Sullivan v. Troser Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Yaccarino v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
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