Allstate Insurance v. Solages

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Solages

203 A.D.2d 282, 612 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3122

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

DecidedApril 4, 1994

StatusPublished

This text of 203 A.D.2d 282 (Allstate Insurance v. Solages) 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. Solages, 203 A.D.2d 282, 612 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3122 (N.Y. Ct. App. 1994).

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Opinion

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motor[283]*283ist claim, Snappy Car Rental appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated February 14, 1992, which granted the petition and permanently stayed arbitration.

Ordered that the order and judgment is affirmed, with costs.

The petitioner made a prima facie case that the subject vehicle was insured at the time of the accident. The appellant then failed to come forward with evidence to demonstrate otherwise (see, Matter of Aetna Cas. & Sur. Co. v McMichael, 176 AD2d 315; Matter of Nationwide Ins. Co. [Dye — Metro. Prop. & Liab. Ins. Co.], 170 AD2d 683; Matter of Insurance Co. v Castro, 163 AD2d 313; Matter of Insurance Co. v Castillo, 158 AD2d 691). The appellant’s contention that the court improperly excluded certain evidence is without merit. Bracken, J. P., Miller, Santucci and Altman, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motor[283]*283ist claim, Snappy Car Rental appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated February 14, 1992, which granted the petition and permanently stayed arbitration.

Ordered that the order and judgment is affirmed, with costs.

The petitioner made a prima facie case that the subject vehicle was insured at the time of the accident. The appellant then failed to come forward with evidence to demonstrate otherwise (see, Matter of Aetna Cas. & Sur. Co. v McMichael, 176 AD2d 315; Matter of Nationwide Ins. Co. [Dye — Metro. Prop. & Liab. Ins. Co.], 170 AD2d 683; Matter of Insurance Co. v Castro, 163 AD2d 313; Matter of Insurance Co. v Castillo, 158 AD2d 691). The appellant’s contention that the court improperly excluded certain evidence is without merit. Bracken, J. P., Miller, Santucci and Altman, JJ., concur.

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Bluebook (online)

203 A.D.2d 282, 612 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-solages-nyappdiv-1994.

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