Legal Opinion
Cole's Restaurant, Inc. v. North River Insurance
New York Supreme Court
Decided November 6, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Samuel L. Green, J.
Defendant North River moves pursuant to CPLR 3211 (subd [a], par 1) to dismiss this declaratory judgment action on the ground that they are not obligated to defend Coles in two underlying actions commenced against plaintiff’s tavern.
Defendant Crum & Forster moves to dismiss on the ground that it is a holding company for a group of insurance companies including North River and does not write any insurance contracts and therefore is not a proper party to this action.
The underlying actions are based upon an accident in which both plaintiffs were struck by…
2Cases cited11 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. Lumbermens Mutual Casualty Co.Court of Appeals of North Carolina · 1988
- Cole's Restaurant, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1981