§Why CasetextPricing

Georgitsi Realty, LLC, Appellant,v.Penn-Star Insurance Company, Respondent.

Brief

37 Cited authorities

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

    46 N.Y.2d 351 (N.Y. 1978)   Cited 912 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"

  2. Cordiano v. Metacon Gun Club

    575 F.3d 199 (2d Cir. 2009)   Cited 334 times
    Holding that where "the burden of proof at trial would fall on the nonmoving party," the moving party can shift the initial burden by "point[ing] to a lack of evidence to go to the trier of fact on an essential element of the nonmovant's claim."

  3. Colnaghi, U.S.A., Ltd. v. Jewelers Protection Serv

    81 N.Y.2d 821 (N.Y. 1993)   Cited 304 times   4 Legal Analyses
    Finding that expert's affidavit stating, inter alia, that alarm company's actions fell "`far below professional standards and customary practice in the industry'" failed to raise question of gross negligence

  4. Ruder & Finn Inc. v. Seaboard Surety Co.

    52 N.Y.2d 663 (N.Y. 1981)   Cited 368 times   3 Legal Analyses
    Finding a duty to defend for a federal suit on the basis of the words "false disparagement" contained within a cause of action generally alleging restraint of trade

  5. Kalisch-Jarcho, Inc. v. City of New York

    58 N.Y.2d 377 (N.Y. 1983)   Cited 325 times   5 Legal Analyses
    Holding that a no damage-for-delay clause would be unenforceable where a party had acted with "bad faith and with deliberate intent"

  6. Home Insurance v. American Home Products Corp.

    75 N.Y.2d 196 (N.Y. 1990)   Cited 236 times   1 Legal Analyses
    Referring to punitive damages as “a sort of hybrid between a display of ethical indignation and the imposition of a criminal fine”

  7. 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

  8. U.S. v. Pipola

    83 F.3d 556 (2d Cir. 1996)   Cited 158 times
    Holding that where the defendant was the leader of the group and made the planning decisions for several armed robberies, "the proof permitted the jury to infer that Pipola specifically encouraged the use of firearms in the robberies"

  9. Raymond Corp. v. Natl. Union Fire Ins. of Pitt.

    5 N.Y.3d 157 (N.Y. 2005)   Cited 116 times

    95. Argued May 3, 2005. Decided June 29, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered April 1, 2004. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Chenango County (Kevin M. Dowd, J.), which had denied plaintiffs' motion for summary judgment, granted defendant's motion for summary judgment dismissing the complaint, and granted defendant judgment on its counterclaim;

  10. Giblin v. Murphy

    73 N.Y.2d 769 (N.Y. 1988)   Cited 161 times
    Finding that plaintiff need not demonstrate harm aimed at public generally to obtain punitive damages in case involving "out-and-out fraud" where "very high threshold of moral culpability" is satisfied