American Industrial Contracting Co. v. Travelers Indemnity Co.
New York Court of Appeals
American Industrial Contracting Co. v. Travelers Indemnity Co., 42 N.Y.2d 1041 (N.Y. 1977)
369 N.E.2d 762; 399 N.Y.S.2d 206; 1977 N.Y. LEXIS 2379
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
American Industrial Contracting Co. v. Travelers Indemnity Co.
Opinion
*1043 Memorandum. Order affirmed, with costs, on the memorandum at the Appellate Division. Appellant’s reliance on Rovello v Oroñno Realty Co. (40 NY2d 633) is mistaken. That case dealt only with the propriety of using affidavits in support of a motion to dismiss the complaint for legal insufficiency, that is, for failure to state a cause of action pursuant to CPLR 3211 (subd [a], par 7). In this case, where the motion, pursuant to paragraph 1 of subdivision (a), was one to dismiss on the ground that a defense is founded upon documentary evidence, the Rovello case has no application.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- American Industrial Contracting Co., Inc., Appellant, v. Travelers Indemnity Company, Respondent, Et Al., Defendant
- Cited By
- 16 cases
- Status
- Published