Legal Opinion

Stewart v. Dryden Mutual Insurance

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

Decided December 20, 1989PublishedCited by 9 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The record on this motion for summary judgment shows that periodically over three summers the third-party plaintiffs, the Stewarts, conducted a sale from their barn of articles allegedly accumulated over the years as a hobby. The Stewarts were sued by plaintiff, who alleged that she fell in the Stewarts’ barn while viewing the articles offered for sale. The Stewarts forwarded the complaint to the Dryden Mutual Insurance Company, their insurance carrier, which disclaimed…

2Cases cited4 opinions

  1. Fadden v. Cambridge Mutual Fire InsuranceNew York Supreme Court · 1966
  2. Home Insurance v. AurigemmaNew York Supreme Court · 1965
  3. Fadden v. Cambridge Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1967
  4. Levinson v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1973

3Cited by9 opinions

  1. Salimbene v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  2. Cardinal v. Long Island Power AuthorityDistrict Court, E.D. New York · 2004
  3. Metalios v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  4. Showler v. American Manufacturers Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  5. United Food Service, Inc. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1993

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