Yerushalmi v. Hartford Accident & Indemnity Co.
Cases that cite this one
10 later published cases cite this decision.
- Akter v. Interboro Ins. Co. (New York Supreme Court, Bronx County 2024)
- Akter v. Interboro Ins. Co. (New York Supreme Court, Bronx County 2024)
- Thomson v. State Farm Insurance (Mich. Ct. App. 1999)
- Erie Insurance v. JMM Properties, LLC (Appellate Division of the Supreme Court of New York 2009)
- Mistretta v. Hartford Accident & Indemnity Co. (Appellate Division of the Supreme Court of New York 2000)
- James & Charles Dimino Wholesale Seafood, Inc. v. Royal Insurance (Appellate Division of the Supreme Court of New York 1997)
- Weissberg v. Royal Insurance (Appellate Division of the Supreme Court of New York 1997)
- Marmorato v. Allstate Insurance (Appellate Division of the Supreme Court of New York 1996)
- Baerga v. Transtate Insurance (Appellate Division of the Supreme Court of New York 1995)
- Avarello v. State Farm & Casualty Company (Appellate Division of the Supreme Court of New York 1994)
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
To prevail on its defense of noncooperation defendant insurer must show, by a preponderance of the evidence (Ausch v St. Paul Fire & Mar. Ins. Co., 125 AD2d 43, 46, lv denied 70 NY2d 610), an unreasonable and willful pattern of refusing to answer material and relevant questions or to supply material and relevant documents (Averbuch v Home Ins. Co., 114 AD2d 827, 829). Here, the insured’s noncooperation was not so willful or extreme as to warrant the "extreme penalty” of unconditional dismissal without affording him a "last opportunity” to comply with the several legitimate document demands as yet unsatisfied (Pogo Holding Corp. v New York Prop. Ins. Underwriting Assn., 73 AD2d 605, 606; Ninth Fed. Sav. & Loan Assn. v New York Prop. Ins. Underwriting Assn., 99 AD2d 456). Those documents too voluminous to transport may be produced at the insured’s place of business at a date convenient to the insurer within the 30-day period we are giving the insured to produce all of the documents demanded. Concur—Rosenberger, J. P., Asch, Ellerin and Wallach, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.