Casualty & Surety Co. v. King

Appellate Division of the Supreme Court of New York

Casualty & Surety Co. v. King

204 A.D.2d 627, 612 N.Y.S.2d 210, 1994 N.Y. App. Div. LEXIS 5468

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

DecidedMay 23, 1994

StatusPublished

This text of 204 A.D.2d 627 (Casualty & Surety Co. v. King) 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

Casualty & Surety Co. v. King, 204 A.D.2d 627, 612 N.Y.S.2d 210, 1994 N.Y. App. Div. LEXIS 5468 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration under an insurance policy, Roberta Monique King appeals from a judgment of the Supreme Court, Queens County (Groh, J., on decision; Kassoff, J., on judgment), entered July 1, 1992, which, after a hearing, granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The court erred in refusing to admit into evidence a certified postal return receipt as evidence of mailing. Therefore, we find that the insured submitted sufficient evidence that a notice of claim was timely mailed and received (see, Matter of Allstate Ins. Co. [Patrylo] 144 AD2d 243; Matter of Sea Ins. Co. v Hopkins, 91 AD2d 998). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration under an insurance policy, Roberta Monique King appeals from a judgment of the Supreme Court, Queens County (Groh, J., on decision; Kassoff, J., on judgment), entered July 1, 1992, which, after a hearing, granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The court erred in refusing to admit into evidence a certified postal return receipt as evidence of mailing. Therefore, we find that the insured submitted sufficient evidence that a notice of claim was timely mailed and received (see, Matter of Allstate Ins. Co. [Patrylo] 144 AD2d 243; Matter of Sea Ins. Co. v Hopkins, 91 AD2d 998). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

204 A.D.2d 627, 612 N.Y.S.2d 210, 1994 N.Y. App. Div. LEXIS 5468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casualty-surety-co-v-king-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack