Eveready Insurance v. Gorcy

Appellate Division of the Supreme Court of New York

Eveready Insurance v. Gorcy

208 A.D.2d 835, 618 N.Y.S.2d 562, 1994 N.Y. App. Div. LEXIS 9990

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

DecidedOctober 24, 1994

StatusPublished

This text of 208 A.D.2d 835 (Eveready Insurance v. Gorcy) 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

Eveready Insurance v. Gorcy, 208 A.D.2d 835, 618 N.Y.S.2d 562, 1994 N.Y. App. Div. LEXIS 9990 (N.Y. Ct. App. 1994).

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Opinion

In a proceeding pursuant to CPLR 7503 to stay arbitration of the respondent David Gorcy’s uninsured motorist claim, the petitioner appeals from (1) a judgment of the Supreme Court, Queens County (Kassoff, J.), entered September 8, 1992, which dismissed the proceeding, and (2) an order of the same court, dated June 21, 1993, which denied the petitioner’s motion to vacate the judgment.

Ordered that the judgment and the order are affirmed, with one bill of costs to Colonial Penn Insurance Company.

We agree with the Supreme Court that the respondent Colonial Penn Insurance properly cancelled its policy of insurance covering the subject vehicle (see, Vehicle and Traffic Law § 313; 15 NYCRR 34.1 et seq.). Thus, arbitration of the respondent David Gorcy’s uninsured motorist claim with the petitioner should proceed.

We have reviewed the parties’ remaining contentions and find them to be without merit. Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.

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In a proceeding pursuant to CPLR 7503 to stay arbitration of the respondent David Gorcy’s uninsured motorist claim, the petitioner appeals from (1) a judgment of the Supreme Court, Queens County (Kassoff, J.), entered September 8, 1992, which dismissed the proceeding, and (2) an order of the same court, dated June 21, 1993, which denied the petitioner’s motion to vacate the judgment.

Ordered that the judgment and the order are affirmed, with one bill of costs to Colonial Penn Insurance Company.

We agree with the Supreme Court that the respondent Colonial Penn Insurance properly cancelled its policy of insurance covering the subject vehicle (see, Vehicle and Traffic Law § 313; 15 NYCRR 34.1 et seq.). Thus, arbitration of the respondent David Gorcy’s uninsured motorist claim with the petitioner should proceed.

We have reviewed the parties’ remaining contentions and find them to be without merit. Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

208 A.D.2d 835, 618 N.Y.S.2d 562, 1994 N.Y. App. Div. LEXIS 9990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eveready-insurance-v-gorcy-nyappdiv-1994.

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