13 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,782 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  2. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,389 times
    Finding summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the. movant as a matter of law.
  3. Andre v. Pomeroy

    35 N.Y.2d 361 (N.Y. 1974)   Cited 3,173 times
    Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her
  4. Fried v. Bower Gardner

    46 N.Y.2d 765 (N.Y. 1978)   Cited 123 times

    Argued October 25, 1978 Decided December 7, 1978 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J. Bernard Fried, appellant pro se. Benjamin Vinar and Thomas R. Newman for respondent. MEMORANDUM. Since appellant's belief in the justice of his underlying cause is obviously sincere, it is understandable that he finds the zealousness with which the respondents represented their client disturbing, and even offensive. But the appellant must

  5. Mid-State Indus., Ltd. v. State

    117 A.D.3d 1255 (N.Y. App. Div. 2014)   Cited 14 times

    2014-05-15 MID–STATE INDUSTRIES, LTD., Appellant, v. STATE of New York, Respondent. Lombardi, Walsh, Harrison, Amodeo & Davenport, P.C., Albany (Paul E. Davenport of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), for respondent. McCARTHY Lombardi, Walsh, Harrison, Amodeo & Davenport, P.C., Albany (Paul E. Davenport of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), for respondent. Before: LAHTINEN

  6. RINK v. NESCON

    52 A.D.3d 688 (N.Y. App. Div. 2008)   Cited 18 times
    Resolving an ambiguity against an insurance company on summary judgment where the insurance company failed to present any extrinsic evidence supporting its position
  7. Appleby v. Chicago Title Ins. Co.

    80 A.D.3d 546 (N.Y. App. Div. 2011)   Cited 13 times

    No. 2009-10446. January 11, 2011. In an action for a judgment declaring that the plaintiff is entitled to recover, under a policy of title insurance, the diminution in the market value of certain premises from the date of the plaintiffs purchase of the premises until March 23, 2006, and to recover damages for breach of contract, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered October 9, 2009, as, in effect, granted

  8. Amico v. Graphic Arts Leasing, Ltd.

    231 A.D.2d 596 (N.Y. App. Div. 1996)   Cited 3 times

    September 23, 1996. In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Brien, J.), entered May 5, 1995, which granted the defendants' motion for summary judgment dismissing the complaint based on the Statute of Frauds. Before: Miller, J.P., Pizzuto, Santucci and Hart, JJ. Ordered that the order is affirmed, with costs. Contrary to the plaintiffs contentions, the court properly granted the defendants' motion

  9. First Sav. Loan v. Amer. Home Assur

    29 N.Y.2d 297 (N.Y. 1971)   Cited 22 times

    Submitted October 19, 1971 Decided November 24, 1971 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BERNARD NADEL, J. Jerome F. Katz for appellant. Saul Goldstein and Max J. Gwertzman for respondent. JASEN, J. The plaintiff, First Savings and Loan Association of Jersey City, New Jersey, holds a mortgage upon certain premises covered by an insurance policy issued by the defendant, American Home Assurance Company, and asserts its right to insurance proceeds

  10. Rhine v. New York Life Ins. Co.

    273 N.Y. 1 (N.Y. 1936)   Cited 59 times

    Argued October 22, 1936 Decided December 31, 1936 Appeal from the Supreme Court, Appellate Division, First Department. John Gerdes, Wilson E. Tipple and Everett Lewy for appellant. William Marshall Bullitt and Louis H. Cooke for respondent. LEHMAN, J. The defendant life insurance company issued, in 1927, a policy insuring the life of the plaintiff in the sum of $2,000 with provision for "disability benefits." In 1934 the insurance was split into two policies for $1,000 each, with similar provisions