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Michael J. Carlson, Sr.,, Appellant,v.American International Group, Inc., et al., Respondents.

Brief

74 Cited authorities

  1. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,903 times   5 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

  2. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 551 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  3. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 531 times   1 Legal Analyses
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"

  4. P.T. Bank Central Asia v. ABN AMRO Bank N.V.

    301 A.D.2d 373 (N.Y. App. Div. 2003)   Cited 480 times   1 Legal Analyses
    Denying dismissal where plaintiff alleged affirmative misrepresentations of value and concealment of erroneous appraisal

  5. Lang v. Hanover Ins. Co.

    3 N.Y.3d 350 (N.Y. 2004)   Cited 225 times   7 Legal Analyses
    Holding that "[c]ompliance with these requirements [of Section 3420] is a condition precedent to a direct action against the insurance company"

  6. Zurich Ins v. Shearson Lehman

    84 N.Y.2d 309 (N.Y. 1994)   Cited 287 times   1 Legal Analyses
    Holding that New York courts interpret contracts under the law of the state with the most significant relationship to the transaction

  7. Maryland Cas. Co. v. Continental Cas. Co.

    332 F.3d 145 (2d Cir. 2003)   Cited 140 times
    Finding the duty to defend "exceedingly broader" than duty to indemnify

  8. Thrasher v. U.S. Liab. Ins. Co.

    19 N.Y.2d 159 (N.Y. 1967)   Cited 371 times
    Holding that in the context of an automobile liability insurance, an assertion of the failure of an insured to cooperate cannot succeed unless "the attitude of the insured, after his co-operation was sought, was one of willful and avowed obstruction"

  9. Murdza v. Zimmerman

    99 N.Y.2d 375 (N.Y. 2003)   Cited 125 times
    In Murdza, the Court of Appeals recognized that where the lessee of a rental vehicle permits another person to operate the vehicle, the rental company is deemed to have constructively consented to such use, even in a situation where such use violates the terms of the rental agreement executed by the lessor.

  10. City of N.Y. v. Welsbach Elec

    9 N.Y.3d 124 (N.Y. 2007)   Cited 104 times
    Finding that res judicata was inapplicable where the plaintiff had made no claims against the defendant in the previous action

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation