Boston Old Colony Insurance v. Sachs

Appellate Division of the Supreme Court of New York

Boston Old Colony Insurance v. Sachs

131 A.D.2d 569, 516 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 48023

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

DecidedJune 8, 1987

StatusPublished

Cited by1 cases

This text of 131 A.D.2d 569 (Boston Old Colony Insurance v. Sachs) 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

Boston Old Colony Insurance v. Sachs, 131 A.D.2d 569, 516 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 48023 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a proceeding, inter alia, pursuant to CPLR article 75 to stay the arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Graci, J.), dated July 14, 1986, as denied its application to stay arbitration.

Ordered that the order and judgment is reversed, and the matter is remitted for a new hearing on the petitioner’s application to stay arbitration, with costs to abide the event.

Under the circumstances of this case, including the potentially meritorious nature of the application to stay arbitration, the ambiguity existing in the January 15, 1986 order (Graci, J.), which set the matter down for a hearing and temporarily stayed arbitration, without specifically listing the timeliness of the application to stay arbitration as an issue, and the limited development of the questions surrounding this claim, it was an abuse of discretion to resolve the question of the timeliness of the application to stay arbitration without allowing the petitioner an opportunity to produce the actual insurance policy in issue (see, Matter of American Sec. Ins. Co. v Calarco, 85 AD2d 693). Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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In a proceeding, inter alia, pursuant to CPLR article 75 to stay the arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Graci, J.), dated July 14, 1986, as denied its application to stay arbitration.

Ordered that the order and judgment is reversed, and the matter is remitted for a new hearing on the petitioner’s application to stay arbitration, with costs to abide the event.

Under the circumstances of this case, including the potentially meritorious nature of the application to stay arbitration, the ambiguity existing in the January 15, 1986 order (Graci, J.), which set the matter down for a hearing and temporarily stayed arbitration, without specifically listing the timeliness of the application to stay arbitration as an issue, and the limited development of the questions surrounding this claim, it was an abuse of discretion to resolve the question of the timeliness of the application to stay arbitration without allowing the petitioner an opportunity to produce the actual insurance policy in issue (see, Matter of American Sec. Ins. Co. v Calarco, 85 AD2d 693). Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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Bluebook (online)

131 A.D.2d 569, 516 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 48023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-old-colony-insurance-v-sachs-nyappdiv-1987.

Opinion

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