Commander Oil Corp. v. Reliance Insurance

Appellate Division of the Supreme Court of New York

Commander Oil Corp. v. Reliance Insurance

266 A.D.2d 543, 698 N.Y.S.2d 559, 1999 N.Y. App. Div. LEXIS 12249

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

DecidedNovember 29, 1999

StatusPublished

This text of 266 A.D.2d 543 (Commander Oil Corp. v. Reliance Insurance) 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

Commander Oil Corp. v. Reliance Insurance, 266 A.D.2d 543, 698 N.Y.S.2d 559, 1999 N.Y. App. Div. LEXIS 12249 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to compel arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 14, 1997, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The petitioner’s property was damaged by a storm on December 11-12, 1992. The proofs of loss executed by the petitioner on December 29, 1993, settled all claims against the respondent for storm damage to the property except for damage to piers, docks, and bulkheads. We agree with the Supreme Court that since the petitioner has not made a claim for the alleged storm damage for which it now seeks arbitration, there is no arbitrable issue. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to compel arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 14, 1997, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The petitioner’s property was damaged by a storm on December 11-12, 1992. The proofs of loss executed by the petitioner on December 29, 1993, settled all claims against the respondent for storm damage to the property except for damage to piers, docks, and bulkheads. We agree with the Supreme Court that since the petitioner has not made a claim for the alleged storm damage for which it now seeks arbitration, there is no arbitrable issue. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

266 A.D.2d 543, 698 N.Y.S.2d 559, 1999 N.Y. App. Div. LEXIS 12249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commander-oil-corp-v-reliance-insurance-nyappdiv-1999.