Corva v. United Services Auto. Ass'n

CourtNew York Supreme Court — Appellate Division
Writing for the CourtBefore SANDLER
Citation485 N.Y.S.2d 264,108 A.D.2d 631
Decision Date07 February 1985
PartiesTheresa CORVA, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, et al., Defendants. DAHLE LASSONDE & COMPANY, INC. et al., Third-Party Plaintiffs-Appellants, v. MANGIATORDI & CORPINA, P.C., Third-Party Defendant-Respondent. UNITED SERVICES AUTOMOBILE ASSOCIATION, Fourth-Party Plaintiff-Appellant, v. MANGIATORDI & CORPINA, P.C., Fourth-Party Defendant-Respondent.

Page 264

485 N.Y.S.2d 264
108 A.D.2d 631
Theresa CORVA, Plaintiff,
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION, et al., Defendants.
DAHLE LASSONDE & COMPANY, INC. et al., Third-Party
Plaintiffs-Appellants,
v.
MANGIATORDI & CORPINA, P.C., Third-Party Defendant-Respondent.
UNITED SERVICES AUTOMOBILE ASSOCIATION, Fourth-Party
Plaintiff-Appellant,
v.
MANGIATORDI & CORPINA, P.C., Fourth-Party Defendant-Respondent.
Supreme Court, Appellate Division,
First Department.
Feb. 7, 1985.

Page 265

W.J. Steinbrecher, Mineola, D.B. Hume, New York City, for defendants.

D.B. Hume, New York City, for third party plaintiffs-appellants.

J.L. Fischer, New York City, for third-party defendant-respondent.

W.J. Steinbrecher, Mineola, for fourth-party plaintiff-appellant.

J.L. Fischer, New York City, for fourth-party defendant-respondent.

Before SANDLER, J.P., and CARRO, BLOOM and KASSAL, JJ.

MEMORANDUM DECISION.

Order of the Supreme Court, Bronx County, entered March 2, 1984, dismissing the third party complaints as against the third and fourth party defendant, Mangiatordi & Corpina, P.C., reversed, on the law, with costs, and the third and fourth party complaints reinstated.

Plaintiff was a passenger in an automobile on March 29, 1979 when it was involved in an accident with a motor vehicle owned by Donald Sabia. Plaintiff retained the firm of Mangiatordi & Corpina (M & C) to represent her. Sabia was insured by United Services Automobile Association (USAA). Upon notification of the accident USAA employed Dahle Lassonde & Co., Inc., (Dahle) and Jack L. Hall to protect its interests. Negotiations ensued between M & C and Dahle and Hall as a result of which the matter was settled for $15,000, allegedly because Dahle and Hall represented to M & C that that was the limit of Sabia's coverage. The complaint alleges that Sabia carried insurance with USAA in excess of $15,000 and seeks compensatory and punitive damages. Dahle and Hall and USAA interposed separate defenses. Each set forth a cross-complaint against M & C asserting that M & C violated its duty of care to Corva by not independently verifying the policy limits in the policy of insurance issued by USAA and that therefore, in the event of a recovery by Corva against the cross-claimants, or any of them, those found liable to Corva will be entitled to indemnity or contribution from M & C.

M & C moved to dismiss the third and fourth party complaints. Special Term granted the motion. We reverse and reinstate...

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11 practice notes
  • Mathis v. United Homes, LLC, No. 05-cv-4386 (KAM)(RLM).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 20 Abril 2009
    ...401, 368 N.E.2d 24 (1977); Liggett & Myers, Inc. v. Bloomfield, 380 F.Supp. 1044 (S.D.N.Y.1974); Corva v. United Servs. Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264 (1st Dep't Thus, under N.Y. C.P.L.R. § 1401, the UH Defendants' claims for contribution could be founded on every state l......
  • Primavera Familienstifung v. Askin, No. 95 Civ. 8905(RWS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 5 Febrero 2001
    ...516 U.S. 59, 71-72, 116 S.Ct. 437, 133 L.Ed.2d 351 (1995) (internal citations omitted)); see Corva v. United Services Automobile Assoc., 108 A.D.2d 631, 633, 485 N.Y.S.2d 264 (1985) (reliance not justifiable if "any ... normal person would recognize at once [the representation] as prep......
  • Haralson v. E.F. Hutton Group, Inc., No. 88-2999
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 26 Diciembre 1990
    ...Louisville Title Ins. Co., 597 S.W.2d 425, 429, 432 (Tex.Civ.App.--Fort Worth 1980, ref'd n.r.e.); Corva v. United Services Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264, 266 (1985); Restatement (Second) of Torts Sec. 552(1) (1977). But because an intentional tort like fraud is not at issue......
  • Columbus McKinnon Corp. v. China Semiconductor Co., No. 88-CV-0211E (F).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 22 Noviembre 1994
    ...Thus, Taft v. Shaffer Trucking, Inc., 52 A.D.2d 255, 383 N.Y.S.2d 744, 747 (4th Dep't 1976), and Corva v. United States Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264, 265 (1st Dep't 1985), — which were relied on by CSC in support of its position — are both easily distinguished in that they ......
  • Request a trial to view additional results
11 cases
  • Mathis v. United Homes, LLC, No. 05-cv-4386 (KAM)(RLM).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 20 Abril 2009
    ...401, 368 N.E.2d 24 (1977); Liggett & Myers, Inc. v. Bloomfield, 380 F.Supp. 1044 (S.D.N.Y.1974); Corva v. United Servs. Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264 (1st Dep't Thus, under N.Y. C.P.L.R. § 1401, the UH Defendants' claims for contribution could be founded on every state l......
  • Primavera Familienstifung v. Askin, No. 95 Civ. 8905(RWS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 5 Febrero 2001
    ...516 U.S. 59, 71-72, 116 S.Ct. 437, 133 L.Ed.2d 351 (1995) (internal citations omitted)); see Corva v. United Services Automobile Assoc., 108 A.D.2d 631, 633, 485 N.Y.S.2d 264 (1985) (reliance not justifiable if "any ... normal person would recognize at once [the representation] as prep......
  • Haralson v. E.F. Hutton Group, Inc., No. 88-2999
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 26 Diciembre 1990
    ...Louisville Title Ins. Co., 597 S.W.2d 425, 429, 432 (Tex.Civ.App.--Fort Worth 1980, ref'd n.r.e.); Corva v. United Services Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264, 266 (1985); Restatement (Second) of Torts Sec. 552(1) (1977). But because an intentional tort like fraud is not at issue......
  • Columbus McKinnon Corp. v. China Semiconductor Co., No. 88-CV-0211E (F).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 22 Noviembre 1994
    ...Thus, Taft v. Shaffer Trucking, Inc., 52 A.D.2d 255, 383 N.Y.S.2d 744, 747 (4th Dep't 1976), and Corva v. United States Auto. Ass'n, 108 A.D.2d 631, 485 N.Y.S.2d 264, 265 (1st Dep't 1985), — which were relied on by CSC in support of its position — are both easily distinguished in that they ......
  • Request a trial to view additional results

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