Cohen v. Paul

Appellate Division of the Supreme Court of New York

Cohen v. Paul

11 A.D.3d 502, 782 N.Y.S.2d 850, 2004 N.Y. App. Div. LEXIS 12017

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 2004

StatusPublished

Cited by1 cases

This text of 11 A.D.3d 502 (Cohen v. Paul) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Paul, 11 A.D.3d 502, 782 N.Y.S.2d 850, 2004 N.Y. App. Div. LEXIS 12017 (N.Y. Ct. App. 2004).

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Opinion

In an action to recover damages for negligence, the defendant Allstate Insurance Company appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated September 15, 2003, as denied its motion, inter alia, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The Supreme Court erred in not dismissing the complaint against the defendant Allstate Insurance Company (hereinafter Allstate). Neither the pleadings nor the plaintiffs responding submissions in opposition to Allstate’s motion included factually-reasonable allegations that Allstate was negligent and, even if negligent, that there was a causal nexus between any such negligence and the plaintiffs claimed injuries (see CPLR 3211 [a] [7]; see also CPLR 3013; Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382 [1987]; DiMauro v Metropolitan Suburban Bus Auth., 105 AD2d 236, 239 [1984]). Prudenti, P.J., Krausman, Adams and Spolzino, JJ., concur.

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In an action to recover damages for negligence, the defendant Allstate Insurance Company appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated September 15, 2003, as denied its motion, inter alia, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The Supreme Court erred in not dismissing the complaint against the defendant Allstate Insurance Company (hereinafter Allstate). Neither the pleadings nor the plaintiffs responding submissions in opposition to Allstate’s motion included factually-reasonable allegations that Allstate was negligent and, even if negligent, that there was a causal nexus between any such negligence and the plaintiffs claimed injuries (see CPLR 3211 [a] [7]; see also CPLR 3013; Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382 [1987]; DiMauro v Metropolitan Suburban Bus Auth., 105 AD2d 236, 239 [1984]). Prudenti, P.J., Krausman, Adams and Spolzino, JJ., concur.

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Bluebook (online)

11 A.D.3d 502, 782 N.Y.S.2d 850, 2004 N.Y. App. Div. LEXIS 12017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-paul-nyappdiv-2004.

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