Legal Opinion
Berman v. Federal Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1985PublishedCited by 3 opinions
1Opinion of the Court
On the motion for partial summary judgment, it was incumbent upon defendants to lay bare their proof and thereby show the existence of triable issues of fact (Zuckerman v City of New York, 49 NY2d 557; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). Defendants have wholly failed to contradict the elements of plaintiffs’ claim of loss under the valued jewelry policy. The mere unsubstantiated allegations of fraud by defense counsel are insufficient to defeat the summary judgment motion (see, Spaulding v Benenati, 57 NY2d 418; Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 NY2d…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
- Spaulding v. BenenatiNew York Court of Appeals · 1982
3Cited by3 opinions
- Avdeychik v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Affatato v. Standard Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Campagno v. Ipco Corp.New York Supreme Court · 1987