Legal Opinion

Chyx-Cho Realty, Ltd. v. New York Property Insurance Underwriting Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1982Published

1Opinion of the Court

— In actions to recover under policies of fire insurance, the appeal is from an order of the Supreme Court, Kings County (Vacarro, J.), dated July 7, 1982 which, upon plaintiffs’ motion to restore the actions to the Trial Calendar, vacated the automatic dismissal of their complaints pursuant to CPLR 3404 and restored the actions to the Trial Calendar upon condition that plaintiffs’ attorney personally pay $100 to each of the other parties. Order reversed, on the law, without costs or disbursements, and motion denied. The plaintiffs commenced two actions to recover under separate policies of…

2Cases cited3 opinions

  1. Incorporated Village of Thomaston v. BienerAppellate Division of the Supreme Court of the State of New York · 1981
  2. Zito v. MorawskiAppellate Division of the Supreme Court of the State of New York · 1980
  3. McInerney v. Bentley Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

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