Motor Parkway Enterprises, Inc. v. Loyd Keith Friedlander Partners, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1070Contrary to the plaintiff’s contention, the Supreme Court properly granted that branch of the defendants’ motion which was, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the complaint. The documentary evidence submitted by the defendants, including the application for insurance signed by the plaintiff’s president and the resulting policy of insurance furnished by the defendants to the plaintiff, conclusively disposed (see Leon v Martinez, 84 NY2d 83, 88 [1994]; Fontanetta v John Doe 1, 73 AD3d 78, 83 [2010]) of the plaintiffs claims that the defendants procured insurance coverage in an…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Rotanelli v. MaddenAppellate Division of the Supreme Court of the State of New York · 1991
- Loevner v. Sullivan & Strauss Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Catalanotto v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by2 opinions
- McBride v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 2017
- Soshnick v. GEICO Gen. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2023