General Accident Insurance v. Fitzgerald

Appellate Division of the Supreme Court of New York

General Accident Insurance v. Fitzgerald

112 A.D.2d 423, 492 N.Y.S.2d 362, 1985 N.Y. App. Div. LEXIS 56171

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

DecidedJuly 29, 1985

StatusPublished

Cited by1 cases

This text of 112 A.D.2d 423 (General Accident Insurance v. Fitzgerald) 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

General Accident Insurance v. Fitzgerald, 112 A.D.2d 423, 492 N.Y.S.2d 362, 1985 N.Y. App. Div. LEXIS 56171 (N.Y. Ct. App. 1985).

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Opinion

In a proceeding for a permanent stay of arbitration pursuant to CPLR 7503, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County (DeLuca, J.), dated July 23, 1984, as dismissed the proceeding.

Judgment affirmed, insofar as appealed from, with costs.

Petitioner has failed to establish that a hearing is necessary to determine whether Kevin Fitzgerald, the decedent, was hit by an insured vehicle on May 30, 1981. The record conclusively establishes that the vehicle which struck Fitzgerald was uninsured on the date of the accident (cf. Matter of MVAIC [Malone], 16 NY2d 1027). Mangano, J. P., Thompson, O’Con-nor and Weinstein, JJ., concur.

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In a proceeding for a permanent stay of arbitration pursuant to CPLR 7503, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County (DeLuca, J.), dated July 23, 1984, as dismissed the proceeding.

Judgment affirmed, insofar as appealed from, with costs.

Petitioner has failed to establish that a hearing is necessary to determine whether Kevin Fitzgerald, the decedent, was hit by an insured vehicle on May 30, 1981. The record conclusively establishes that the vehicle which struck Fitzgerald was uninsured on the date of the accident (cf. Matter of MVAIC [Malone], 16 NY2d 1027). Mangano, J. P., Thompson, O’Con-nor and Weinstein, JJ., concur.

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Bluebook (online)

112 A.D.2d 423, 492 N.Y.S.2d 362, 1985 N.Y. App. Div. LEXIS 56171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-accident-insurance-v-fitzgerald-nyappdiv-1985.

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