Legal Opinion

Jones Lang Wootton USA v. LeBoeuf, Lamb, Greene & MacRae

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

Decided April 16, 1998PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Rubin, J.

It is said that a party may not accomplish by indirection that which it is forbidden to do directly (e.g., Blake Elec. Contr. Co. v Paschall, 222 AD2d 264, 267; Intima-Eighteen, Inc. v Schreiber Co., 172 AD2d 456, 457, lv denied 78 NY2d 856). Remarkably, plaintiff in interest in this case (third-party defendant Old Republic Insurance Company) has managed to accomplish directly that which it is forbidden to do, even indirectly, as a matter of public policy.

I. THE LAWSUITS

This is a collateral action arising out of a dispute over excess insurance coverage provided to…

2Cases cited49 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Davis v. WakeleeSupreme Court of the United States · 1895
  3. Servidone Construction Corp. v. Security InsuranceNew York Court of Appeals · 1985
  4. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  5. Arrington v. New York Times Co.New York Court of Appeals · 1982

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3Cited by43 opinions

  1. Johnson v. Nextel Communications, Inc.Court of Appeals for the Second Circuit · 2011
  2. Schipani v. McLeodCourt of Appeals for the Second Circuit · 2008
  3. D & L Holdings, LLC v. RCG Goldman Co., LLCAppellate Division of the Supreme Court of the State of New York · 2001
  4. Kaminsky v. HerrickAppellate Division of the Supreme Court of the State of New York · 2008
  5. Sexter & Warmflash, P.C. v. MargrabeAppellate Division of the Supreme Court of the State of New York · 2007

38 more not listed; retrieve them via the Exa API.

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