Legal Opinion
Smith v. Monarch Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1979PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
The defendant appeals from an order denying its motion to remove to Supreme Court a small claims action now pending *483in the City Court of the City of Rochester. Special Term held that the amount of defendant’s counterclaim in controversy does not exceed the sum of $6,000, the limit of City Court’s monetary jurisdiction. We disagree.
The defendant issued a health and accident insurance policy to the plaintiff effective April 1, 1976. The policy, which is incontestable after April 1, 1978 and noncancelable and guaranteed continuable to age 65, provides benefits for…
2Cases cited4 opinions
- Asbury v. New York Life Ins. Co.District Court, E.D. Kentucky · 1942
- Bowman v. Iowa State Travelers Mutual Assurance Co.District Court, E.D. Oklahoma · 1978
- Cetrola v. John Hancock InsuranceCivil Court of the City of New York · 1966
- Smith v. Monarch Life InsuranceNew York Supreme Court · 1978
3Cited by6 opinions
- Schaffer Stores Company v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Mutual Life Insurance v. CassiereCivil Court of the City of New York · 1979
- Celestin v. American Transit InsuranceCivil Court of the City of New York · 2002
- Fordham Rent A Car Corp. v. HymanCivil Court of the City of New York · 1981
- Victoria Kitchens, Inc. v. LeinerCivil Court of the City of New York · 1988
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