Dolce v. Nw. Mut. Life Ins., 272 A.D.2d 432 (N.Y. App. Div. 2000). · Go Syfert
Dolce v. Nw. Mut. Life Ins., 272 A.D.2d 432 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
18 citation events (17 in the last 25 years) across 5 distinct courts.
Strongest positive: Malek v. AXA Equitable Life Insurance Co. (nyed, 2023-03-29)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Malek v. AXA Equitable Life Insurance Co. (2×) also: Cited "see"
E.D.N.Y · 2023 · confidence medium
Co., 272 A.D.2d 432, 432 (2d Dep’t 2000); Odierna v. RSK, LLC, 171 A.D.3d 769 , 771 (2d Dep’t 2019); see also Russo v. Mass. Mut.
cited Cited as authority (rule) Steven Plavin v. Group Health Inc
3rd Cir. · 2021 · confidence medium
Co., 708 N.Y.S.2d 327, 327 (N.Y.
discussed Cited as authority (rule) DiLallo v. Katsan Ltd. Partnership
N.Y. App. Div. · 2015 · confidence medium
Moreover, if proven, a violation of the Building Code of New York State can be considered by a jury as some evidence of negligence (see Hill v Cartier, 258 AD2d 699, 701 [1999]; PJI 2:29; see also Scala v Scala, 31 AD3d 423, 424 [2006]; Enrichment Enters. v Jempris Realty Corp., 272 AD2d 432, 433 [2000]). *887 On appeal, the plaintiff argues that the trial court committed reversible error warranting a new trial by failing to instruct the jury in accordance with PJI 2:25 or 2:29.
discussed Cited as authority (rule) DiDomenico v. Long Beach Plaza Corp.
N.Y. App. Div. · 2009 · confidence medium
In support of their respective motions for summary judgment dismissing the second, fourth, and fifth causes of action alleging private nuisance, negligence, and trespass insofar as asserted against them, the defendants Long Beach Plaza Corp., Waldbaum, Inc., and Great Atlantic & Pacific Tea Company, Inc. (hereinafter the Long Beach defendants), and the defendant Delta Cleaners, Inc. (hereinafter Delta), submitted prima facie evidence that the discharge of perchchloroethylene (hereinafter perc) was not a proximate or substantial cause of the plaintiffs’ business losses (see generally Pironti …
cited Cited as authority (rule) Scala v. Scala
N.Y. App. Div. · 2006 · confidence medium
It is the plaintiffs burden to also establish that the violation proximately caused her injuries (see Burns v Gazda, 16 AD3d 1057 [2005]; Enrichment Enters. v Jempris Realty Corp., supra at 433).
cited Cited as authority (rule) Von Hoffmann v. Prudential Insurance Co. of America
S.D.N.Y. · 2002 · confidence medium
Co., 272 A.D.2d 432 , 708 N.Y.S.2d 327, 327 (2d Dep’t 2000) (computing three-year period of limitations from time policy was issued) (citing Goldberg v. Manufacturers Life Ins.
cited Cited "see" Spinnato v. Unity of Omaha Life Ins. Co.
unknown court · 2018 · signal: see · confidence high
See id.
Retrieving the full opinion text from the archive…
Elizabeth C. Dolce, Individually and as of John E. Dolce
v.
Northwestern Mutual Life Insurance Company
Appellate Division of the Supreme Court of the State of New York.
May 15, 2000.
272 A.D.2d 432
2000 N.Y. App. Div. LEXIS 5569
Cited by 8 opinions  |  Published

—In an action, inter alia, to recover damages for fraud and misrepresentation in the replacement of an insurance policy, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 14, 1999, as granted the respective motions of the defendants Northwestern Mutual Life Insurance Company and Robert P. Flanagan for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff’s claims that the defendants Northwestern Mutual Life Insurance Company (hereinafter Northwestern) and Robert P. Flanagan failed to comply with the regulations of the New York State Insurance Department concerning the sale of new life insurance policies to replace existing coverage are governed by the three-year Statute of Limitations applicable to actions seeking to recover damages for a liability created by statute (see, CPLR 214 [2]; Goldberg v Manufacturers Life Ins. Co., 242 AD2d 175,181; see also, Buccino v Continental Assur. Co., 578 F Supp 1518, 1526). Since this action was commenced more than three years after Northwestern’s policy was issued, the plaintiffs causes of action to recover damages for violations of Insurance Law §§ 2123, 4226 and 11 NYCRR part 51 are time-barred (see, Goldberg v Manufacturers Life Ins. Co., supra).

The plaintiffs remaining contentions are without merit. Goldstein, J. P., Florio, Feuerstein and Schmidt, JJ., concur.