Banach v. Aetna Casualty & Surety Co.

New York Court of Appeals

Banach v. Aetna Casualty & Surety Co.

289 N.E.2d 553, 31 N.Y.2d 701, 337 N.Y.S.2d 511, 1972 N.Y. LEXIS 1061

DecidedOctober 6, 1972

StatusPublished

This text of 289 N.E.2d 553 (Banach v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banach v. Aetna Casualty & Surety Co., 289 N.E.2d 553, 31 N.Y.2d 701, 337 N.Y.S.2d 511, 1972 N.Y. LEXIS 1061 (N.Y. 1972).

Pincite

Opinion

Order reversed, without costs, and the defendant’s motion for summary judgment denied upon the ground that the granting of defendant’s motion for summary judgment dismissing the complaint was premature. In view of the breadth of the complaints in the tort actions, plaintiff-appellant in this action was entitled to pursue any disclosure proceedings he saw fit to bring. Upon completion of such proceedings or his failure to bring them, defendant-respondent may renew its motion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed, without costs, and the defendant’s motion for summary judgment denied upon the ground that the granting of defendant’s motion for summary judgment dismissing the complaint was premature. In view of the breadth of the complaints in the tort actions, plaintiff-appellant in this action was entitled to pursue any disclosure proceedings he saw fit to bring. Upon completion of such proceedings or his failure to bring them, defendant-respondent may renew its motion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

Cite This Page — Counsel Stack

Bluebook (online)

289 N.E.2d 553, 31 N.Y.2d 701, 337 N.Y.S.2d 511, 1972 N.Y. LEXIS 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banach-v-aetna-casualty-surety-co-ny-1972.