Colonial Penn Insurance v. Colbert

Appellate Division of the Supreme Court of New York

Colonial Penn Insurance v. Colbert

163 A.D.2d 306, 559 N.Y.S.2d 649, 1990 N.Y. App. Div. LEXIS 8235

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

DecidedJuly 2, 1990

StatusPublished

This text of 163 A.D.2d 306 (Colonial Penn Insurance v. Colbert) 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

Colonial Penn Insurance v. Colbert, 163 A.D.2d 306, 559 N.Y.S.2d 649, 1990 N.Y. App. Div. LEXIS 8235 (N.Y. Ct. App. 1990).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Molloy, J.), dated September 7, 1988, which denied the appellant’s motion to vacate a prior judgment of the same court entered upon her default. The appeal brings up for review an order of the same court, dated November 4, 1988, which denied the appellant’s motion for renewal (CPLR 5517 [b]).

Ordered that the appeal from the order dated September 7, 1988, is dismissed, as that order was superseded by the order dated November 4, 1988; and it is further,

Ordered that the order dated November 4, 1988, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the appellant has failed to establish that she has a viable uninsured motorist claim. The appellant’s affidavit, belatedly submitted, was inadequate to demonstrate that the claim has merit. Lawrence J. P., Kunzeman, Rubin and Rosenblatt, 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 stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Molloy, J.), dated September 7, 1988, which denied the appellant’s motion to vacate a prior judgment of the same court entered upon her default. The appeal brings up for review an order of the same court, dated November 4, 1988, which denied the appellant’s motion for renewal (CPLR 5517 [b]).

Ordered that the appeal from the order dated September 7, 1988, is dismissed, as that order was superseded by the order dated November 4, 1988; and it is further,

Ordered that the order dated November 4, 1988, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the appellant has failed to establish that she has a viable uninsured motorist claim. The appellant’s affidavit, belatedly submitted, was inadequate to demonstrate that the claim has merit. Lawrence J. P., Kunzeman, Rubin and Rosenblatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

163 A.D.2d 306, 559 N.Y.S.2d 649, 1990 N.Y. App. Div. LEXIS 8235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-penn-insurance-v-colbert-nyappdiv-1990.