Allstate Insurance v. Riaz

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Riaz

253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9821

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

DecidedSeptember 28, 1998

StatusPublished

This text of 253 A.D.2d 875 (Allstate Insurance v. Riaz) 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. Riaz, 253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9821 (N.Y. Ct. App. 1998).

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Opinion

In a proceeding pursuant to CPLR 7503 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated September 4, 1997, which denied the petition.

• Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the petition to stay arbitration. The record does not support the petitioner’s allegation that the respondent insured failed to cooperate with the investigation of her claim. Moreover, the record indicates that the petitioner had ample time to seek discovery of the insured, but that it unjustifiably failed to do so (see, Matter of Liberty Mut. Ins. Co. v DeCaro, 244 AD2d 487; Matter of Allstate Ins. Co. v Urena, 208 AD2d 623). Miller, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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In a proceeding pursuant to CPLR 7503 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated September 4, 1997, which denied the petition.

• Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the petition to stay arbitration. The record does not support the petitioner’s allegation that the respondent insured failed to cooperate with the investigation of her claim. Moreover, the record indicates that the petitioner had ample time to seek discovery of the insured, but that it unjustifiably failed to do so (see, Matter of Liberty Mut. Ins. Co. v DeCaro, 244 AD2d 487; Matter of Allstate Ins. Co. v Urena, 208 AD2d 623). Miller, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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Bluebook (online)

253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-riaz-nyappdiv-1998.

Opinion

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