Legal Opinion
Cerullo v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1973PublishedCited by 18 opinions
1Opinion of the CourtGoldman, P. J.
Defendants appeal from each and every part of Special Term’s order, except that part which permits appellants to serve an amended answer containing a defense of fraud and false swearing by plaintiff-respondent Joseph C. Cerullo in connection with an alleged false proof of loss. This appeal primarily concerns Special Term’s denial of summary judgment and the denial of appellants’ motion to amend their answer, except as to the issue of fraud. A rather detailed narration of the facts is essential to a discussion of the legal effects of the various transactions.
The events giving rise to this…
2Cases cited3 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
- Hylte Bruks Aktiebolag v. Babcock & Wilcox Co.Court of Appeals for the Second Circuit · 1968
3Cited by18 opinions
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
- Stainless, Inc. v. Employers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Herzfeld v. Laventhol, Krekstein, Horwath & HorwathDistrict Court, S.D. New York · 1974
- Bernal v. Pinkerton's, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
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