· 3/12/2009
17 East 96th Owners Corp. v. Madison 96th Associates
Citations
- 60 A.D.3d 480
- 875 N.Y.S.2d 37
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting New York courts’ “reluctance” to dismiss such claims because of deficiencies in the pleadings
- “[A] particular cause of action accrues as soon as a claimant is able to state the elements of that cause of action____”
- “The availability of punitive damages in private lawsuits premised on unfair claim practices has been preempted by the administrative remedies available to the Superintendent of Insurance pursuant to Insurance Law § 2601.”
- person injured in automobile accident brought action against driver's insurer to recover on policy
- accrues when plaintiff is able to state the elements of that cause of action
- acknowledging public injury exception but finding it preempted by statute
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.