Allstate Insurance v. Greenberg

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Greenberg

87 A.D.2d 888, 449 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 16395

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

DecidedApril 26, 1982

StatusPublished

This text of 87 A.D.2d 888 (Allstate Insurance v. Greenberg) 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. Greenberg, 87 A.D.2d 888, 449 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 16395 (N.Y. Ct. App. 1982).

Pincite

Opinion

In a proceeding to stay arbitration, petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Graci, J.), dated July 13, 1981, which, inter alia, denied the application. Order and judgment affirmed, with one bill of $50 costs and disbursements. Trial Term properly found that the driver of the moped involved in this accident was using the vehicle without permission. Since the sole question raised in the petition related to whether the operator had such permission, it was improper for the court to consider the question of whether or not the notice of disclaimer was timely. However, since the court determined that the notice was timely, its ultimate conclusion that the parties should proceed to arbitrate was correct and therefore need not be disturbed. Titone, J. P., Mangano, Bracken and Boyer, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding to stay arbitration, petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Graci, J.), dated July 13, 1981, which, inter alia, denied the application. Order and judgment affirmed, with one bill of $50 costs and disbursements. Trial Term properly found that the driver of the moped involved in this accident was using the vehicle without permission. Since the sole question raised in the petition related to whether the operator had such permission, it was improper for the court to consider the question of whether or not the notice of disclaimer was timely. However, since the court determined that the notice was timely, its ultimate conclusion that the parties should proceed to arbitrate was correct and therefore need not be disturbed. Titone, J. P., Mangano, Bracken and Boyer, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

87 A.D.2d 888, 449 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 16395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-greenberg-nyappdiv-1982.