Legal Opinion
Point Tennis Co. v. Irvin Industries Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1978PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover for property damage, plaintiff appeals from an order of the Supreme Court, Nassau County, entered December 15, 1977, which granted the motion of defendant Irvin Industries Corp. for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. CPLR 1004 authorizes suit in the name of an insured person who has executed a "loan receipt” in favor of his insurer. Plaintiff concededly executed a loan receipt in exchange for payment of his claim. Accordingly, defendant-respondent’s objection that the plaintiff, having received payment and divested…
2Cases cited2 opinions
- Herbert Rosenthal Jewelry Corp. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1964
- Herbert Rosenthal Jewelry Corp. v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1966
3Cited by4 opinions
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Spectra Audio Research, Inc. v. ChonAppellate Division of the Supreme Court of the State of New York · 2009
- CNA Insurance v. Carl R. Cacioppo Electrical Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Augello v. Koenig-RivkinAppellate Division of the Supreme Court of the State of New York · 2008