Allstate Insurance v. Eskenazi

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Eskenazi

208 A.D.2d 623, 618 N.Y.S.2d 234, 1994 N.Y. App. Div. LEXIS 9626

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1994·Published

Opinion

In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, Sheri Eskenazi appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), entered January 19, 1993, which granted the petition.

[624] Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the petitioner met its burden of establishing that there was no physical contact between the appellant’s vehicle and an alleged "hit-and-run” vehicle (see, e.g., Matter of Allstate Ins. Co. v Tauszik, 177 AD2d 486). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, Sheri Eskenazi appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), entered January 19, 1993, which granted the petition.

[624] Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the petitioner met its burden of establishing that there was no physical contact between the appellant’s vehicle and an alleged "hit-and-run” vehicle (see, e.g., Matter of Allstate Ins. Co. v Tauszik, 177 AD2d 486). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

Allstate Insurance v. Eskenazi, 208 A.D.2d 623, 618 N.Y.S.2d 234, 1994 N.Y. App. Div. LEXIS 9626 (N.Y. Ct. App. 1994).

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208 A.D.2d 623 (Allstate Insurance v. Eskenazi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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