Legal Opinion
Union Mut. Life Ins. v. Friedman
District Court, S.D. New York
Decided March 26, 1943PublishedCited by 1 opinion
1Opinion of the Court
COXE, District Judge.
This is a motion by the defendant for judgment on the pleadings, or for summary judgment, dismissing the complaint. The action is in equity, and the ground of the motion is that the plaintiff has an adequate remedy at law. There is also a companion motion by the plaintiff for an order staying the defendant from further prosecution of an action brought by the defendant against the plaintiff in the Municipal Court of the City of New York.
The action in this court is by the plaintiff, an insurance company of the State of Maine, for the rescission of an accident and health…
2Cases cited5 opinions
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- American Life Insurance v. StewartSupreme Court of the United States · 1937
- Di Giovanni v. Camden Fire InsuranceSupreme Court of the United States · 1935
- Equitable Life Assurance Society of United States v. KushmanNew York Court of Appeals · 1937
- New York Thruway Authority v. StateNew York Court of Appeals · 1969
3Cited by1 opinion
- Union Mut. Life Ins. v. FriedmanCourt of Appeals for the Second Circuit · 1944