Legal Opinion
Caulfield v. Improved Risk Mutuals, Inc.
New York Court of Appeals
Decided November 12, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Order reversed, with costs, and judgment of Supreme Court, Monroe County, reinstated for the reasons stated in the dissenting memorandum of Justice Stewart F. Hancock, Jr., at the Appellate Division (107 AD2d 1013, 1014-1015). We agree with the dissent below that, based upon the specific provisions of the contract and the amendments made thereto, the risk of loss passed to the purchasers upon the date of the escrow closing.
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye and Alexander. Judge Titone dissents and votes to affirm for the reasons stated in the…
2Cases cited1 opinion
- Caulfield v. Improved Risk Mutuals, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Mizuna, Ltd. v. Crossland Federal Savings Bank, AKA Crossland Savings Fsb, Royal Realty Co., a PartnershipCourt of Appeals for the Second Circuit · 1996
- Homayouni v. ParibasAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of CareyAppellate Division of the Supreme Court of the State of New York · 1998
- Scartozzi v. ScartozziAppellate Division of the Supreme Court of the State of New York · 2008
- Xui v. Iron City Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2015