American Home Assurance Co. v. National Casualty Co.

Appellate Division of the Supreme Court of New York

American Home Assurance Co. v. National Casualty Co.

227 A.D.2d 160, 642 N.Y.S.2d 506, 1996 N.Y. App. Div. LEXIS 4849

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1996·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about January 26, 1995, which granted defendant’s motion for summary judgment and dismissed plaintiff’s complaint on the grounds of collateral estoppel, unanimously reversed, on the law, with costs, defendant’s motion for summary judgment denied and plaintiff’s complaint reinstated.

We reverse for the reasons stated in American Home Assur. Co. v International Ins. Co. (219 AD2d 143). Both cases arise out of the same underlying event, the issues raised on appeal are identical, and the respective parties are identically situated. Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about January 26, 1995, which granted defendant’s motion for summary judgment and dismissed plaintiff’s complaint on the grounds of collateral estoppel, unanimously reversed, on the law, with costs, defendant’s motion for summary judgment denied and plaintiff’s complaint reinstated.

We reverse for the reasons stated in American Home Assur. Co. v International Ins. Co. (219 AD2d 143). Both cases arise out of the same underlying event, the issues raised on appeal are identical, and the respective parties are identically situated. Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

American Home Assurance Co. v. National Casualty Co., 227 A.D.2d 160, 642 N.Y.S.2d 506, 1996 N.Y. App. Div. LEXIS 4849 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 160 (American Home Assurance Co. v. National Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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