Continental motion in New York

1993The Appellate Division, however, granted Continental’s motion, holding that the exclusions in the $500,000 GCL policy rendered it inapplicable to the loss, and that the $1 million OCP policy could not be applied to the settlement "because any payments on behalf of the State for vicarious liability would subrogate Continental to the State’s claims against Fresh Meadows, the actual wrongdoer.” ( 185 AD2d 187, 188 .) The court also determined that, irrespective of Continental’s assertion that the OCP also contained an exclusion barring coverage of the claim, Continental had acknowledged coverage

1993The Appellate Division, however, granted Continental's motion, holding that the exclusions in the $500,000 GCL policy rendered it inapplicable to the loss, and that the $1 million OCP policy could not be applied to the settlement "because any payments on behalf of the State for vicarious liability would subrogate Continental to the State's claims against Fresh Meadows, the actual wrongdoer." ( 185 AD2d 187, 188 .) The court also determined that, irrespective of Continental's assertion that the OCP also contained an exclusion barring coverage of the claim, Continental had acknowledged coverage

1987The court properly found that the town’s cause of action against Continental, brought more than two years after performance was accepted and final payment was made, was therefore time barred by the contractual limitations period (see, Yeshiva Univ. v Fidelity & Deposit Co., 116 AD2d 49 , lv denied 68 NY2d 603 ).

1979Co. v Smart, 267 US 126 .) Accordingly, defendant Continental’s motion is denied and plaintiff Ohio Casualty’s motion for a declaration of the rights of the parties herein is granted as set forth in this memorandum decision and defendant University of Rochester is granted summary judgment against defendant Continental in the sum of $50,000.

1976The exhibits presented show that Continental was derelict in this regard (Matter of Jonathan Logan, Inc. [Stillwater Worsted Mills], 31 AD2d 208 , affd 24 NY2d 898 ; Matter of General Acc. Fire & Life Assur.

1976The exhibits presented show that Continental was derelict in this regard (Matter of Jonathan Logan, Inc. [Stillwater Worsted Mills], 31 AD2d 208 , affd 24 NY2d 898 ; Matter of General Acc. Fire & Life Assur.

1974(See Columbia v. Lee, 243 App. Div. 361 .) Continental’s defense of the Statute of Frauds must fail and the plaintiff Fisk may recover the rent due under the lease with Continental for the months of April to November, 1973, a total of eight months.

1910Although at times banks have complained of the harshness of our rule, and in some instances while acting in good faith have been subjected to severe loss ( Shipman v. Bank of the State of N.Y., 126 N.Y. 318 ), as a result of this rule banks are used by all classes of our people for the deposit of funds and payment is made by check to an extent unknown elsewhere.