Legal Opinion
Batra v. State Farm Fire & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1994PublishedCited by 7 opinions
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Joan Lobis, J.) entered on or about July 16, 1993, which granted defendants’ motion to dismiss plaintiffs claims for punitive damages and attorney’s fees "without opposition”, unanimously dismissed, without costs.
Plaintiff should be deemed to have defaulted on defendants’ motion to strike the portions of the complaint seeking punitive damages and attorney’s fees, where, in response to the motion, plaintiff merely interposed requests for adjournments, which were granted, and then never submitted any substantive opposition following the…
2Cases cited2 opinions
- Samovar of Russia Jewelry Antique Corp. v. GeneraliAppellate Division of the Supreme Court of the State of New York · 1984
- F. W. Myers & Co. v. Owsley & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by7 opinions
- Northeastern Harness Horsemen's Ass'n v. Saratoga Harness Racing, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- PM-OK Associates v. BritzAppellate Division of the Supreme Court of the State of New York · 1998
- Marson Construction Corp. v. Illinois Union InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Katan Group v. CPC ResourcesAppellate Division of the Supreme Court of the State of New York · 2013
- Katan Group v. CPC ResourcesAppellate Division of the Supreme Court of the State of New York · 2013
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