Allstate Insurance v. Donofrio

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Donofrio

115 A.D.2d 540, 496 N.Y.S.2d 693, 1985 N.Y. App. Div. LEXIS 54948

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 9, 1985

StatusPublished

This text of 115 A.D.2d 540 (Allstate Insurance v. Donofrio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance v. Donofrio, 115 A.D.2d 540, 496 N.Y.S.2d 693, 1985 N.Y. App. Div. LEXIS 54948 (N.Y. Ct. App. 1985).

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Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration, petitioner [541]*541Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated January 25, 1985, which denied its application and awarded costs of $1,000, $500 to be paid personally to respondents and $500 to be paid to respondents’ attorney.

Order modified, on the law, by deleting therefrom the award of $1,000 costs and substituting therefor a provision awarding costs to respondents. As so modified, order affirmed, with costs to respondents.

The evidence at trial established that respondents were involved in a multivehicle accident in which one of the other automobiles was uninsured. Consequently, the proceeding to stay arbitration of respondents’ uninsured motorist claim was properly denied (see, e.g., MVAIC v Eisenberg, 18 NY2d 1).

However, the costs awarded exceed the amount provided for in CPLR articles 81 or 82. Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to stay arbitration, petitioner [541]*541Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated January 25, 1985, which denied its application and awarded costs of $1,000, $500 to be paid personally to respondents and $500 to be paid to respondents’ attorney.

Order modified, on the law, by deleting therefrom the award of $1,000 costs and substituting therefor a provision awarding costs to respondents. As so modified, order affirmed, with costs to respondents.

The evidence at trial established that respondents were involved in a multivehicle accident in which one of the other automobiles was uninsured. Consequently, the proceeding to stay arbitration of respondents’ uninsured motorist claim was properly denied (see, e.g., MVAIC v Eisenberg, 18 NY2d 1).

However, the costs awarded exceed the amount provided for in CPLR articles 81 or 82. Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

115 A.D.2d 540, 496 N.Y.S.2d 693, 1985 N.Y. App. Div. LEXIS 54948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-donofrio-nyappdiv-1985.

Opinion

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