Pope v. New York Property Insurance Underwriting Ass'n
Cases that cite this one
8 later published cases cite this decision.
- Passiglia v. Northwell Health, Inc. (District Court, E.D. New York 2017)
- Karakus v. Wells Fargo Bank, N.A. (District Court, E.D. New York 2013)
- National Westminster Bank, U.S.A. v. Ross (District Court, S.D. New York 1991)
- G & F Associates Co. v. Brookhaven Beach Health Related Facility (Appellate Division of the Supreme Court of New York 1998)
- Gruen v. County of Suffolk (Appellate Division of the Supreme Court of New York 1992)
- Fink v. Citizens Mortgage Banking Ltd. (Appellate Division of the Supreme Court of New York 1989)
- Strupp v. Heritage Mutual Insurance (Appellate Division of the Supreme Court of New York 1988)
- Lotz v. Lotz (Appellate Division of the Supreme Court of New York 1987)
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 review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal, insofar as taken from so much of the order of the Appellate Division as dismissed part of plaintiffs’ first cause of action, dismissed upon the ground that that portion of the order does not finally determine the action within the meaning of the Constitution. Order, insofar as it dismissed and severed the second cause of action, affirmed, with costs. A complaint alleging fraud based on a statement of future intention must allege facts sufficient to show that the promisor, at the time the representation was made, never intended to honor the promise (Lanzi v Brooks, 43 NY2d 947).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.