Legal Opinion

Harnett v. National Motorcycle Plan, Inc.

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

Decided November 17, 1977PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County, entered June 3, 1977, denying plaintiff’s motion pursuant to CPLR 3211 (subds [b], [a], pars 1, 6, 7) to dismiss the affirmative defenses, counterclaims and setoffs contained in the answer of defendants, is unanimously reversed, on the law, without costs and without disbursements, and the motion is granted. The Superintendent of Insurance of the State of New York, as liquidator of Summit Insurance Company, brings this action for damages for breach of contract and for fraud. Defendant National Motorcycle Plan, Inc., asserts five affirmative defenses. A…

2Cases cited5 opinions

  1. People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
  2. Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
  3. Matter of People (Consolidated Ind. Ins. Co.)New York Court of Appeals · 1941
  4. Schenck v. Coordinated Coverage Corp.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Schenck v. BiaggiAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by6 opinions

  1. Kemper Reinsurance Co. v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1991
  2. Curiale v. AIG Multi-Line Syndicate, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Super. of Ins. v. Intern. Equip. Leasing, Inc.New Jersey Superior Court Appellate Division · 1991
  4. O'CONNOR v. Insurance Co. of North AmericaDistrict Court, N.D. Illinois · 1987
  5. Kreidler v. Statewide General Insurance Agency, Inc.Court of Appeals of Washington · 2014

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