New York Court of Appeals, 1985

Caulfield v. Improved Risk Mutuals, Inc.

New York Court of Appeals · Decided November 12, 1985

66 N.Y.2d 793; 488 N.E.2d 833; 497 N.Y.S.2d 903; 1985 N.Y. LEXIS 17930

Cases that cite this one

5 later published cases cite this decision.

Mizuna, Ltd. v. Crossland Federal Savings Bank, AKA Crossland Savings Fsb, Royal Realty Co., a Partnership (2d Cir. 1996)
Xui v. Iron City Properties, Inc. (Appellate Division of the Supreme Court of New York 2015)
Scartozzi v. Scartozzi (Appellate Division of the Supreme Court of New York 2008)
In re the Estate of Carey (Appellate Division of the Supreme Court of New York 1998)
Homayouni v. Paribas (Appellate Division of the Supreme Court of New York 1997)

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

Order reversed, with costs, and judgment of Supreme Court, Monroe County, reinstated for the reasons stated in the dissenting memorandum of Justice Stewart F. Hancock, Jr., at the Appellate Division (107 AD2d 1013, 1014-1015). We agree with the dissent below that, based upon the specific provisions of the contract and the amendments made thereto, the risk of loss passed to the purchasers upon the date of the escrow closing.

*796 Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye and Alexander. Judge Titone dissents and votes to affirm for the reasons stated in the memorandum of the Appellate Division (107 AD2d 1013). Taking no part: Judge Simons.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.