New York Court of Appeals, 1982

Wehringer v. Standard Security Life Insurance

New York Court of Appeals · Decided September 14, 1982

57 N.Y.2d 757; 440 N.E.2d 1331; 454 N.Y.S.2d 984; 1982 N.Y. LEXIS 3678

Cases that cite this one

40 later published cases cite this decision. The 25 that cite it most often are listed here.

Lumauig v. Philippine Airlines (District Court, S.D. New York 1985)
Salim v. Nisselson (In re Big Apple Volkswagen, LLC) (District Court, S.D. New York 2017)
Morisseau v. DLA PIPER (District Court, S.D. New York 2008)
Harary v. Allstate Insurance (District Court, E.D. New York 1997)
Bonnie & Co. Fashions, Inc. v. Bankers Trust Co. (District Court, S.D. New York 1996)
Bidermann Industries U.S.A., Inc. v. Zelnik (In re Bidermann Industries U.S.A., Inc.) (United States Bankruptcy Court, S.D. New York 1996)
Brown v. Government Employees Insurance Co. (Appellate Division of the Supreme Court of New York 2017)
Rakylar v. Washington Mutual Bank (Appellate Division of the Supreme Court of New York 2008)
Daulat v. Helms Bros. (Appellate Division of the Supreme Court of New York 2005)
Anonymous v. Anonymous (Appellate Division of the Supreme Court of New York 2024)
Chavez v. Finney (District Court, S.D. New York 2024)
Hartnett v. Liberty Mutual Holding Company, Inc. d/b/a Liberty Mutual Insurance (District Court, S.D. New York 2024)
Perlbinder v. Vigilant Ins. Co. (Appellate Division of the Supreme Court of New York 2021)
Avent v. Platinum Plus Auto Protection (District Court, N.D. New York 2021)
Delice v. Rhymes N Dimes Brands (District Court, S.D. New York 2021)
Carney v. Boston Market (District Court, S.D. New York 2021)
Kruglov v. Copart of Connecticut, Inc. (2d Cir. 2019)
Reid v. Univera Healthcare (Appellate Division of the Supreme Court of New York 2019)
Curtis-Shanley v. Bank of America (Appellate Division of the Supreme Court of New York 2013)
Curtis-Shanley v. Bank of America (Appellate Division of the Supreme Court of New York 2013)
Airey v. Remmele (New York Supreme Court 2012)
Stone v. Continental Airlines (Civil Court of the City of New York 2005)
Penn Warranty Corp. v. DiGiovanni (New York Supreme Court 2005)
Smith v. Chase Manhattan Bank, USA, N.A. (Appellate Division of the Supreme Court of New York 2002)
Bettan v. Geico General Insurance (Appellate Division of the Supreme Court of New York 2002)

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

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), the order of the Appellate Division should be affirmed, with costs.

The complaint alleges no relationship, contractual or otherwise, giving rise to a duty on the part of the defendant, breach of which could furnish a basis for tort liability *759(see Albemarle Theatre v Bayberry Realty Corp., 27 AD2d 172, 176; cf. North Shore Bottling Co. v Schmidt & Sons, 22 NY2d 171, 179), nor does it allege that the insurance policy issued to plaintiff did not permit a premium increase for issuance of a separate policy to plaintiff’s ex-wife (cf. Sciasscia v Fredburn Constr. Corp., 248 App Div 608; Ippisch v Moricz-Smith, 1 Misc 2d 120, 124, revd on other grounds 1 AD2d 968). A threat to do what one has a legal right to do is not actionable (30 East End v World Steel Prods. Corp., 110 NYS2d 754). Moreover, absent a duty upon which liability can be based, there is no right of recovery for mental distress resulting from the breach of a contract-related duty (see Marvex Processing & Finishing Corp. v Allendale Mut. Ins. Co., 91 Misc 2d 683, affd 60 AD2d 800; Grimm v Bam, 22 Misc 2d 982; PJI 2:284).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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