motion to dismiss Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/tag/motion-to-dismiss/ Attorneys At Law Mon, 05 Oct 2020 16:08:37 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://bmmplaw.com/wp-content/uploads/2020/08/cropped-Favicon-32x32.png motion to dismiss Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/tag/motion-to-dismiss/ 32 32 Kings County Supreme Court Grants Motion to Dismiss by BMMP’s William J. Mitchell https://bmmplaw.com/2020/kings-county-supreme-court-grants-motion-to-dismiss-by-bmmps-william-j-mitchell/?utm_source=rss&utm_medium=rss&utm_campaign=kings-county-supreme-court-grants-motion-to-dismiss-by-bmmps-william-j-mitchell Mon, 05 Oct 2020 15:37:32 +0000 https://bmpnylaw.com/?p=1164 In Min Ru Zheng v. Hyundai Marine & Fire Ins. Co., the Kings County Supreme Court found that the evidence clearly demonstrated that the plaintiff materially misrepresented the use and occupancy of the house to be insured.  The evidence showed that plaintiff had converted the house from the claimed two-family residence to a 12-family building.  Plaintiff’s […]

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]]> In Min Ru Zheng v. Hyundai Marine & Fire Ins. Co., the Kings County Supreme Court found that the evidence clearly demonstrated that the plaintiff materially misrepresented the use and occupancy of the house to be insured.  The evidence showed that plaintiff had converted the house from the claimed two-family residence to a 12-family building.  Plaintiff’s claim that the house was occupied as represented was belied by the evidence, including her earlier statements that she was unaware of the nature of the occupancy.  Upon a motion to dismiss by BMMP’s William J. Mitchell, by Order dated October 1, 2020, Hon. Karen B. Rothenberg dismissed the plaintiff’s claims.

 

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