Stopani v. Allegany Co-op Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order (denominated decision) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 13, 2010 in a breach of contract action. The order granted the motion of plaintiffs to dismiss defendant’s ninth affirmative defense.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the ninth affirmative defense is reinstated.
Memorandum: In this breach of contract action involving a dispute over fire insurance coverage, plaintiffs moved to dismiss the ninth affirmative defense alleging that…
2Cases cited6 opinions
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- 2540 Associates, Inc. v. Assicurazioni Generali, S.p.A.Appellate Division of the Supreme Court of the State of New York · 2000
- Fireman's Fund Insurance v. FarrellAppellate Division of the Supreme Court of the State of New York · 2008
- Nahrebeski v. MolnarAppellate Division of the Supreme Court of the State of New York · 2001
- Turkow v. Erie InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
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- Ram Krishana Inc v. Mt Hawley Insurance CoDistrict Court, S.D. New York · 2025