New York Court of Appeals, 1981

Hertz Corp. v. DAHILL MOVING & STORAGE CO., INC.

New York Court of Appeals · Decided June 16, 1981

54 N.Y.2d 619; 442 N.Y.S.2d 502; 425 N.E.2d 890; 1981 N.Y. LEXIS 2587

Cases that cite this one

9 later published cases cite this decision.

Scherer v. North Shore Car Wash Corp. (Appellate Division of the Supreme Court of New York 2006)
Dunn v. Hurtt (Appellate Division of the Supreme Court of New York 2004)
Ciatto v. Lieberman (Appellate Division of the Supreme Court of New York 2003)
ELRAC, Inc. v. Rudel (Appellate Division of the Supreme Court of New York 1996)
Morris v. Snappy Car Rental, Inc. (Appellate Division of the Supreme Court of New York 1993)
Radin v. Avis Rent-A-Car System, Inc. (New York Supreme Court 1993)
Denton Leasing Corp. v. Breezy Point Surf Club, Inc. (Appellate Division of the Supreme Court of New York 1987)
Dairylea Cooperative, Inc. v. Rossal (N.Y. 1984)
Caldararo v. Au (District Court, S.D. New York 1983)

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

OPINION OF THE COURT

On summary consideration, order, insofar as appealed from, affirmed, with costs. The claim of third-party defendant North River Ins. Co. that it was not apprised of the pendency of a motion for summary judgment against it is without merit. Having moved for summary judgment against the defendant and third-party plaintiff, Dahill Moving and Storage Co., Inc., North River exposed itself to an award of summary judgment in favor of Dahill. Moreover, North River was apprised of a motion by third-party defendant, W. M. Ross and Co., Inc., for summary judgment declaring that North River was solely liable and obligated to Dahill under the terms of the insurance policy issued by North River to Dahill. In these circumstances, it cannot be said that the award of summary judgment against North River was affected by an error of law.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Waghtler, Fughsberg and Meyer.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.