Legal Opinion
Polly Esther's South, Inc. v. Setnor Byer Bogdanoff, Inc.
New York Supreme Court
Decided September 9, 2005PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles Edward Ramos, J.
In this action to recover damages from an insolvent insurance carrier for unpaid claims, defendants Setnor Byer Bogdanoff, Inc. and Kaye Insurance Associates move pursuant to CPLR 3212 for summary judgment dismissing the action in its entirety. Setnor moves alternatively for dismissal of claims and cross claims against it for damages arising prior to March 28, 2000, and for dismissal of plaintiffs’ third cause of action for violation of New York Insurance Law and regulations.
Background
Plaintiffs are comprised of affiliated nightclubs (collectively…
2Cases cited32 opinions
- Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
- Solomon v. City of New YorkNew York Court of Appeals · 1985
- Murphy v. KuhnNew York Court of Appeals · 1997
- Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
- Phillips v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by4 opinions
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- Excess Line Ass'n v. Waldorf & AssociatesNew York Supreme Court · 2013
- Kurt Wayne, Inc. v. Lead Underwriters at Lloyds LondonNew York Supreme Court · 2006