Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'n

Appellate Division of the Supreme Court of New York

Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'n

99 A.D.2d 582, 471 N.Y.S.2d 253, 1984 N.Y. App. Div. LEXIS 16819

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

DecidedJanuary 16, 1984

StatusPublished

This text of 99 A.D.2d 582 (Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'n) 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

Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'n, 99 A.D.2d 582, 471 N.Y.S.2d 253, 1984 N.Y. App. Div. LEXIS 16819 (N.Y. Ct. App. 1984).

Pincite

Opinion

— Motion for reargument denied, without costs. The decision of this court dated November 17,1983 does not require that a mortgage foreclosure action be commenced prior to an insurer making payment to a mortgagee to the extent of the mortgagee’s interest in the property. Motion for permission to appeal to the Court of Appeals granted, without costs. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: “Was so much of Special Term’s order as denied the motion by defendant New York Property Insurance Underwriting Association for partial summary judgment on its third affirmative defense, correct as a matter of law?” Kane, J. P., Main, Mikoll and Levine, JJ., concur.

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— Motion for reargument denied, without costs. The decision of this court dated November 17,1983 does not require that a mortgage foreclosure action be commenced prior to an insurer making payment to a mortgagee to the extent of the mortgagee’s interest in the property. Motion for permission to appeal to the Court of Appeals granted, without costs. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: “Was so much of Special Term’s order as denied the motion by defendant New York Property Insurance Underwriting Association for partial summary judgment on its third affirmative defense, correct as a matter of law?” Kane, J. P., Main, Mikoll and Levine, JJ., concur.

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Bluebook (online)

99 A.D.2d 582, 471 N.Y.S.2d 253, 1984 N.Y. App. Div. LEXIS 16819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sportsmens-park-inc-v-new-york-property-insurance-underwriting-assn-nyappdiv-1984.