Allstate Insurance v. Halliru

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Halliru

41 A.D.3d 711, 836 N.Y.S.2d 891

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

DecidedJune 19, 2007

StatusPublished

This text of 41 A.D.3d 711 (Allstate Insurance v. Halliru) 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. Halliru, 41 A.D.3d 711, 836 N.Y.S.2d 891 (N.Y. Ct. App. 2007).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration of a supplementary uninsured motorist claim, Abdullahi Halliru appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated August 2, 2006, as denied his application to vacate an order of the same court dated January 11, 2006, granting the petition upon his default in appearing or answering.

Ordered that the order dated August 2, 2006 is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, the application is granted, and the order dated January 11, 2006 is vacated.

Under the particular circumstances of this case, the Supreme Court should have granted the appellant’s application to vacate the order dated January 11, 2006 granting the petition on his default in appearing or answering. Crane, J.P., Goldstein, Covello and Dickerson, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to stay arbitration of a supplementary uninsured motorist claim, Abdullahi Halliru appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated August 2, 2006, as denied his application to vacate an order of the same court dated January 11, 2006, granting the petition upon his default in appearing or answering.

Ordered that the order dated August 2, 2006 is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, the application is granted, and the order dated January 11, 2006 is vacated.

Under the particular circumstances of this case, the Supreme Court should have granted the appellant’s application to vacate the order dated January 11, 2006 granting the petition on his default in appearing or answering. Crane, J.P., Goldstein, Covello and Dickerson, JJ., concur.

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Bluebook (online)

41 A.D.3d 711, 836 N.Y.S.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-halliru-nyappdiv-2007.