Colonial Penn Insurance v. Medina

Appellate Division of the Supreme Court of New York

Colonial Penn Insurance v. Medina

173 A.D.2d 614, 571 N.Y.S.2d 998, 1991 N.Y. App. Div. LEXIS 8227

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

DecidedMay 20, 1991

StatusPublished

This text of 173 A.D.2d 614 (Colonial Penn Insurance v. Medina) 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. Medina, 173 A.D.2d 614, 571 N.Y.S.2d 998, 1991 N.Y. App. Div. LEXIS 8227 (N.Y. Ct. App. 1991).

Pincite

Opinion

—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Kings County (Golden, J.), dated February 15, 1990, which granted the petition to the extent of temporarily staying the arbitration pending resolution of the underlying personal injury action brought by the respondent Jose Angel Medina.

Ordered that the order is modified, on the law, by deleting from the decretal paragraph, the words "the underlying personal injury action brought by the respondent, Jose Angel Medina” and substituting therefor the following, "the issue of the involvement and, if so, the issue of the permissive use of the alleged offending vehicle owned by Gaines Service Leasing Corp., at an evidentiary hearing to be conducted in this [615]*615special proceeding”; as so modified, the order is affirmed, with costs to the appellant payable by the petitioner-respondent, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in .accordance herewith (see, Matter of Allstate Ins. Co. v Casanova, 145 AD2d 630). Kunzeman, J. P., Sullivan, Lawrence and O’Brien, JJ., concur.

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—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Kings County (Golden, J.), dated February 15, 1990, which granted the petition to the extent of temporarily staying the arbitration pending resolution of the underlying personal injury action brought by the respondent Jose Angel Medina.

Ordered that the order is modified, on the law, by deleting from the decretal paragraph, the words "the underlying personal injury action brought by the respondent, Jose Angel Medina” and substituting therefor the following, "the issue of the involvement and, if so, the issue of the permissive use of the alleged offending vehicle owned by Gaines Service Leasing Corp., at an evidentiary hearing to be conducted in this [615]*615special proceeding”; as so modified, the order is affirmed, with costs to the appellant payable by the petitioner-respondent, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in .accordance herewith (see, Matter of Allstate Ins. Co. v Casanova, 145 AD2d 630). Kunzeman, J. P., Sullivan, Lawrence and O’Brien, JJ., concur.

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Bluebook (online)

173 A.D.2d 614, 571 N.Y.S.2d 998, 1991 N.Y. App. Div. LEXIS 8227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-penn-insurance-v-medina-nyappdiv-1991.

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