Legal Opinion

VanMinos v. Merkley

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

Decided June 6, 1975PublishedCited by 19 opinions

1Opinion of the CourtGoldman, J.

Third-party defendant, New Hampshire Insurance Co. (New Hampshire) appeals from a denial of its motion to dismiss the third-party complaint of Fred W. Merkley and Hazel E. Merkley (Fred, Sr. and Hazel). Appellant urges that the third-party complaint should have been dismissed "upon the ground that [its] defense is founded upon documentary evidence and that the third-party complaint fails to state a cause of action, pursuant to CPLR 3211”. Special Term permitted reargument and adhered to its original denial of the motion. The principal question, among several, is a consideration of the…

2Cases cited15 opinions

  1. Bannon v. BannonNew York Court of Appeals · 1936
  2. Greaves v. Public Service Mutual InsuranceNew York Court of Appeals · 1959
  3. Sperling v. Great American Indemnity Co.New York Court of Appeals · 1960
  4. Webb v. . BuckelewNew York Court of Appeals · 1880
  5. In re the Arbitration between Vanguard Insurance & PolchlopekNew York Court of Appeals · 1966

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3Cited by19 opinions

  1. Furia v. FuriaAppellate Division of the Supreme Court of the State of New York · 1986
  2. Karlsons v. GuerinotAppellate Division of the Supreme Court of the State of New York · 1977
  3. Two Clinton Square Corp. v. FriedlerAppellate Division of the Supreme Court of the State of New York · 1983
  4. Cullen v. New York State Civil Service CommissionDistrict Court, E.D. New York · 1977
  5. Plattsburgh Quarries, Inc. v. Palcon Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

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