Allstate Insurance v. Moore

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Moore

228 A.D.2d 437, 643 N.Y.2d 419, 643 N.Y.S.2d 419, 1996 N.Y. App. Div. LEXIS 6241

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

DecidedJune 3, 1996

StatusPublished

Cited by1 cases

This text of 228 A.D.2d 437 (Allstate Insurance v. Moore) 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. Moore, 228 A.D.2d 437, 643 N.Y.2d 419, 643 N.Y.S.2d 419, 1996 N.Y. App. Div. LEXIS 6241 (N.Y. Ct. App. 1996).

Pincite

Opinion

The record of the Department of Motor Vehicles submitted by the petitioner was sufficient to raise a genuine issue of fact as to whether the vehicle which allegedly was involved in the underlying accident with the respondents was insured at the time of the accident (see, Matter of Public Serv. Mut. Ins. Co. [Binder], 121 AD2d 903). Therefore, arbitration must be stayed pending resolution of that issue at an evidentiary hearing to be conducted in the Supreme Court, Nassau County (see, Matter of Allstate Ins. Co. v Casanova, 145 AD2d 630; Matter of Public Serv. Mut. Ins. Co. [Binder], supra). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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The record of the Department of Motor Vehicles submitted by the petitioner was sufficient to raise a genuine issue of fact as to whether the vehicle which allegedly was involved in the underlying accident with the respondents was insured at the time of the accident (see, Matter of Public Serv. Mut. Ins. Co. [Binder], 121 AD2d 903). Therefore, arbitration must be stayed pending resolution of that issue at an evidentiary hearing to be conducted in the Supreme Court, Nassau County (see, Matter of Allstate Ins. Co. v Casanova, 145 AD2d 630; Matter of Public Serv. Mut. Ins. Co. [Binder], supra). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

228 A.D.2d 437, 643 N.Y.2d 419, 643 N.Y.S.2d 419, 1996 N.Y. App. Div. LEXIS 6241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-moore-nyappdiv-1996.

Opinion

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