§Why CasetextPricing

Executive Plaza, LLC, Appellant,v.Peerless Insurance Company, Respondent.

Brief

41 Cited authorities

  1. White v. Continental Cas. Co.

    2007 N.Y. Slip Op. 9310 (N.Y. 2007)   Cited 383 times   1 Legal Analyses
    Holding if an insurance contract on its face is reasonably susceptible of only one meaning a court is not free to alter it

  2. Breed v. Ins. Co. of N. Amer

    46 N.Y.2d 351 (N.Y. 1978)   Cited 911 times   1 Legal Analyses
    Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"

  3. MHR Capital Partners LP v. Presstek, Inc.

    2009 N.Y. Slip Op. 5200 (N.Y. 2009)   Cited 304 times
    Holding that language in an escrow agreement stating that contract documents were not to be released “unless and until” a party executed and agreed to a deal on terms outlined in the agreement was an express condition precedent

  4. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 491 times
    Holding that the statute of limitations accrues from time of breach

  5. Vigilant Ins v. Housing Auth

    87 N.Y.2d 36 (N.Y. 1995)   Cited 431 times
    Holding that “[c]ourts must look to the underlying claim and the nature of the relief sought to determine the applicable period of limitation [to a declaratory judgment action] * * *”, and that “a court's inquiry focuses on ‘the substance of action to identify the relationship out of which the claim arises and the relief sought’ * * *.” (quoting Solnick, 49 N.Y.2d at 229, 425 N.Y.S.2d 68, 401 N.E.2d 190)

  6. Gaidon v. the Guardian Life Ins. Co. of America

    96 N.Y.2d 201 (N.Y. 2001)   Cited 268 times   3 Legal Analyses
    Holding that the six-year statute of limitations for common law fraud does not apply to a claim under section 349 because it is a statutory cause of action

  7. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 132 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

  8. Palmieri v. Allstate Ins. Co.

    445 F.3d 179 (2d Cir. 2006)   Cited 148 times
    Finding exclusive jurisdiction under § 4072 and declining to consider § 1331

  9. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  10. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 122 times

    No. 118. Argued May 4, 2011. decided June 9, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 7, 2010. The Appellate Division affirmed a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), which had granted defendant Allstate Indemnity Corporation's motion for summary judgment declaring that it had no obligation to defend or indemnify defendant insureds

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,992 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27   Cited 230 times   2 Legal Analyses
    Authorizing the New York Court of Appeals to review certain certified questions