In re New York Central Mutual Fire Insurance

Appellate Division of the Supreme Court of New York

In re New York Central Mutual Fire Insurance

34 A.D.3d 333, 825 N.Y.S.2d 448

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 2006·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

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Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

In re New York Central Mutual Fire Insurance, 34 A.D.3d 333, 825 N.Y.S.2d 448 (N.Y. Ct. App. 2006).

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Opinion

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