Legal Opinion
State Farm Mutual Automobile Insurance Companies v. Brooks
New York Supreme Court
Decided October 31, 1979PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrew V. Siracuse, J.
This action arises out of an alleged overpayment of no-fault benefits to defendant James Brooks by plaintiff State Farm Mutual Automobile Insurance Companies (hereinafter State Farm). The plaintiff moves for summary judgment pursuant to CPLR 3212. The defendant cross-moves for dismissal pursuant to CPLR 3211 (subd [a], pars 1, 7) for failure to state a cause of action. Although the defendant’s papers are styled as a motion to dismiss, it is clear that, issue having been previously joined by the service of defendant’s amended answer to plaintiff’s…
2Cases cited6 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- In re the Arbitration between Adams & Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Welty v. BrownAppellate Division of the Supreme Court of the State of New York · 1977
- Yanis v. Texaco, Inc.Civil Court of the City of New York · 1975
- Kurcsics v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gambino v. Royal Globe Insurance CompaniesSupreme Court of New Jersey · 1981
- Allstate Insurance. v. LyonsDistrict Court, E.D. New York · 2012
- State Farm Mutual Automobile Insurance v. BrooksAppellate Division of the Supreme Court of the State of New York · 1981
- Kroh v. American Family InsuranceNorth Dakota Supreme Court · 1992
- Antrum v. Church's Fried Chicken, Inc.Connecticut Superior Court · 1985
2 more not listed; retrieve them via the Exa API.