Legal Opinion

Silverstein v. Standard Accident Insurance of Detroit, Michigan

New York Court of Appeals

Decided October 2, 1917PublishedCited by 10 opinions

Appeal from a judgment entered April 30, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which dismissed an appeal taken by the plaintiff from a judgment entered upon a prior order of said Appellate Division reversing .an order of Special Term, denying a motion by defendant for judgment in its favor on the pleadings and granting said motion.' The action was brought to recover upon a policy of liability insurance. • The…

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Appeal from a judgment entered April 30, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which dismissed an appeal taken by the plaintiff from a judgment entered upon a prior order of said Appellate Division reversing .an order of Special Term, denying a motion by defendant for judgment in its favor on the pleadings and granting said motion.' The action was brought to recover upon a policy of liability insurance. • The facts, so far as material, are stated in the opinion. The Appellate Division committed error in dismissing the appeal from…

1Opinion of the CourtChase, J.

After the service of the complaint and answer both parties moved at Special Term for judgment upon the pleadings and the motions were denied. Both parties appealed from the order entered on such decision to the Appellate Division and the order was reversed (Silverstein v. Standard Accident Insurance Company, 175 App. Div. 639), and the motion of the defendant granted. The order of the Appellate Division was duly filed in the office of the clerk of the county of New York and judgment was entered thereon in favor of the defendant dismissing the complaint, with costs. The plaintiff then made…

2Cases cited8 opinions

  1. McNamara v. . GoldanNew York Court of Appeals · 1909
  2. Stevens v. Central National Bank of BostonNew York Court of Appeals · 1900
  3. Dwight v. . GibbNew York Court of Appeals · 1913
  4. Jackson v. SmithAppellate Division of the Supreme Court of the State of New York · 1912
  5. Silverstein v. Standard Accident Insurance of DetroitAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by10 opinions

  1. Radcliffe v. Franklin National InsuranceOregon Supreme Court · 1956
  2. Guaranty Trust Co. v. State of New YorkNew York Court of Appeals · 1949
  3. Kirkpatrick Home for Childless Women v. KenyonAppellate Division of the Supreme Court of the State of New York · 1924
  4. Redman v. . Verplex Art Co., Inc.New York Court of Appeals · 1924
  5. Rose v. . BristolNew York Court of Appeals · 1917

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