Continental Insurance v. Helmsley Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about November 3, 1993, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiff’s cross-motion for leave to serve an amended complaint, unanimously affirmed, with costs.
The IAS Court properly determined that plaintiff waived its right to seek rescission of the contract of insurance when it knowingly accepted premium payments for several months following discovery of the alleged misrepresentations upon which it claimed to have relied when it issued the policies.…
2Cases cited3 opinions
- Zeldman v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
- McNaught v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1910
- Echeverri v. Flushing Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by15 opinions
- Scalia v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1998
- United States Life Insurance v. BlumenfeldAppellate Division of the Supreme Court of the State of New York · 2012
- Precision Auto Accessories, Inc. v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Chicago Ins. Co. v. Kreitzer & VogelmanDistrict Court, S.D. New York · 2003
- Continental Insurance Co. v. KingstonCourt of Appeals of Utah · 2005
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