Stainless, Inc. v. Employers' Fire Insurance Company

Decision Date22 April 1980
Citation49 N.Y.2d 924,428 N.Y.S.2d 675
Parties, 406 N.E.2d 490 STAINLESS, INC. and Stainless Construction Company, Appellants, v. The EMPLOYERS' FIRE INSURANCE COMPANY, Respondent.
CourtNew York Court of Appeals Court of Appeals

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice Arnold L. Fein at the Appellate Division (69 A.D.2d 27, 418 N.Y.S.2d 76).

All concur.

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108 cases
  • Amato v. Western Union Intern., Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 12, 1985
    ...rely, Stainless, Inc. v. Employers' Fire Insurance Co., 69 A.D.2d 27, 418 N.Y.S.2d 76 (1st Dep't 1979), aff'd mem., 49 N.Y.2d 924, 428 N.Y.S.2d 675, 406 N.E.2d 490 (1980), is distinguishable. In Stainless, a party sought to claim rights as a third-party beneficiary of a contract between the......
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    ...facts (see Stainless, Inc. v. Employers Fire Ins. Co., 69 A.D.2d 27, 418 N.Y.S.2d 76 [1st Dept.1979], affirmed 49 N.Y.2d 924, 428 N.Y.S.2d 675, 406 N.E.2d 490 [1980] ), the sole affidavit relied upon here, prepared by an alleged “Legal Specialist” (in essence, a glorified paralegal), employ......
  • In re Estate of Longley
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    ...to demonstrate the existence of a genuine triable issue of fact (Stainless, Inc. v. Employers Fire Ins. Co., 69 A.D.2d 27 [1979], affd 49 N.Y.2d 924 [1980] ). Allegations must be specific and detailed, substantiated by evidence in the record; mere conclusory assertions will not suffice (Mat......
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    • U.S. Court of Appeals — Third Circuit
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    ...the ... contract." Stainless, Inc. v. Employers Fire Ins. Co. , 69 A.D.2d 27, 33–34, 418 N.Y.S.2d 76 (1979), aff’d , 49 N.Y.2d 924, 428 N.Y.S.2d 675, 406 N.E.2d 490 (1980). "A court in determining the parties’ intention should consider the circumstances surrounding the transaction as well a......
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