Castro v. City of New York

Appellate Division of the Supreme Court of New York

Castro v. City of New York

305 A.D.2d 129, 757 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 4595

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

DecidedMay 1, 2003

StatusPublished

This text of 305 A.D.2d 129 (Castro v. City of New York) 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

Castro v. City of New York, 305 A.D.2d 129, 757 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 4595 (N.Y. Ct. App. 2003).

Pincite

Opinion

Appeal from order, Supreme Court, New York County (Michael Stallman, J.), entered November 20, 2001, which in an action for personal injuries sustained in an automobile accident, denied defendants’ motion for a stay pending plaintiffs’ arbitration of an uninsured motorist claim against plaintiff vehicle owner’s insurer, unanimously dismissed as academic, without costs.

Defendants, whose defense was taken over by the New Jersey Property-Liability Insurance Guaranty Association after their New Jersey insurer went into liquidation, argue that under New Jersey Statutes Annotated § 17:30A-12 (b) the instant action must be stayed until plaintiffs have exhausted their rights under the uninsured motorist provision of plaintiff vehicle owner’s policy. As plaintiffs’s responding brief represents that an uninsured motorist arbitration has taken place, the appeal is academic and should be dismissed. Concur — Saxe J.P., Ellerin, Williams, Lerner and Marlow, JJ.

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Appeal from order, Supreme Court, New York County (Michael Stallman, J.), entered November 20, 2001, which in an action for personal injuries sustained in an automobile accident, denied defendants’ motion for a stay pending plaintiffs’ arbitration of an uninsured motorist claim against plaintiff vehicle owner’s insurer, unanimously dismissed as academic, without costs.

Defendants, whose defense was taken over by the New Jersey Property-Liability Insurance Guaranty Association after their New Jersey insurer went into liquidation, argue that under New Jersey Statutes Annotated § 17:30A-12 (b) the instant action must be stayed until plaintiffs have exhausted their rights under the uninsured motorist provision of plaintiff vehicle owner’s policy. As plaintiffs’s responding brief represents that an uninsured motorist arbitration has taken place, the appeal is academic and should be dismissed. Concur — Saxe J.P., Ellerin, Williams, Lerner and Marlow, JJ.

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Bluebook (online)

305 A.D.2d 129, 757 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 4595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-city-of-new-york-nyappdiv-2003.