Davis v. Hartford Accident & Indemnity Co.
Cases that cite this one
6 later published cases cite this decision.
- American Liberty Insurance v. City of Joliet (District Court, N.D. Illinois 1989)
- Calkins v. Merchants Mutual Insurance (Appellate Division of the Supreme Court of New York 1977)
- Empire Group Allcity Insurance v. Cicciaro (Appellate Division of the Supreme Court of New York 1997)
- Minerva v. Merchants Mutual Insurance (Appellate Division of the Supreme Court of New York 1986)
- Hartford Insurance Group v. Rubinshteyn (N.Y. 1985)
- De Forte v. Allstate Insurance (Appellate Division of the Supreme Court of New York 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously modified in accordance with memorandum and as modified affirmed, without costs of this appeal to either party. Memorandum: Special Term correctly held that the thawing of pipes in a house off the premises described in the garage liability policy was not an operation “necessary or incidental” to the garage business being operated by plaintiff. It was error, however, to dismiss the complaint in this action for a declaratory judgment merely because plaintiff was not entitled to the declaration he sought. (Lanza v. Wagner, 11 N Y 2d 317, 334.) The order should be modified by declaring that defendant is not obligated to take over the defense of the action brought against plaintiff nor to pay any judgment which may be rendered against him in that action. (Appeal from order of Chau
Case-law data current through December 31, 2025. Source: CourtListener bulk data.