Allstate Insurance v. Passaretti

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Passaretti

49 A.D.2d 720, 372 N.Y.S.2d 657, 1975 N.Y. App. Div. LEXIS 10649

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1975·Published·Cited by 1 cases

Opinion

Order and judgment (one paper), Supreme court, New York County, entered November 15, 1972, which granted the petitioner’s application for a stay, unanimously reversed, on the law, and the matter remanded for further hearing with $40 costs and disbursements of this appeal to abide the event. Respondents-appellants’ vehicle was allegedly struck by a hit-and-run motor vehicle. While they reported the matter within the proper time, they did not in such report indicate that it was a hit-and-run occurrence. The court at Special Term on that basis entered judgment granting the application made by the petitioner-respondent insurance company for a stay of arbitration. There is no requirement in law that an accident, when reported, be described in terms of the legal consequences. (Matter of Boxill v MVAIC, 33 AD2d 13.) Accordingly, the report being timely, the appellants are not barred, and a plenary hearing should be held on the question of whether or not it was a hit-and-run accident. Concur— Markewich, J. P., Kupferman, Tilzer, Capozzoli and Nunez, JJ.

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

Order and judgment (one paper), Supreme court, New York County, entered November 15, 1972, which granted the petitioner’s application for a stay, unanimously reversed, on the law, and the matter remanded for further hearing with $40 costs and disbursements of this appeal to abide the event. Respondents-appellants’ vehicle was allegedly struck by a hit-and-run motor vehicle. While they reported the matter within the proper time, they did not in such report indicate that it was a hit-and-run occurrence. The court at Special Term on that basis entered judgment granting the application made by the petitioner-respondent insurance company for a stay of arbitration. There is no requirement in law that an accident, when reported, be described in terms of the legal consequences. (Matter of Boxill v MVAIC, 33 AD2d 13.) Accordingly, the report being timely, the appellants are not barred, and a plenary hearing should be held on the question of whether or not it was a hit-and-run accident. Concur— Markewich, J. P., Kupferman, Tilzer, Capozzoli and Nunez, JJ.

Allstate Insurance v. Passaretti, 49 A.D.2d 720, 372 N.Y.S.2d 657, 1975 N.Y. App. Div. LEXIS 10649 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 720 (Allstate Insurance v. Passaretti) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related