In re the Arbitration between American Transit Insurance & Diaz

Appellate Division of the Supreme Court of New York

In re the Arbitration between American Transit Insurance & Diaz

251 A.D.2d 143, 672 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 6956

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

DecidedJune 16, 1998

StatusPublished

This text of 251 A.D.2d 143 (In re the Arbitration between American Transit Insurance & Diaz) 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

In re the Arbitration between American Transit Insurance & Diaz, 251 A.D.2d 143, 672 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 6956 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about October 21, 1997, which, in a proceeding to stay arbitration of an underinsured motorist claim, directed that another proceeding, brought in Nassau County by a different insurer to stay arbitration of an underinsured motorist claim made by the same claimant for the same accident, be tried jointly with the instant proceeding in New York County, unanimously affirmed, with costs.

The joint trial, concededly appropriate, should take place in New York County, that being the venue of the first-commenced proceeding and the place of the accident, and it not appearing how appellant would be materially inconvenienced or prejudiced by a trial in New York County (see, Padela v Rosen & Weidberg, 200 AD2d 722, 724; cf., Levertov v Congregation Yetev Lev D’Satmar, 129 AD2d 680). Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.

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—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about October 21, 1997, which, in a proceeding to stay arbitration of an underinsured motorist claim, directed that another proceeding, brought in Nassau County by a different insurer to stay arbitration of an underinsured motorist claim made by the same claimant for the same accident, be tried jointly with the instant proceeding in New York County, unanimously affirmed, with costs.

The joint trial, concededly appropriate, should take place in New York County, that being the venue of the first-commenced proceeding and the place of the accident, and it not appearing how appellant would be materially inconvenienced or prejudiced by a trial in New York County (see, Padela v Rosen & Weidberg, 200 AD2d 722, 724; cf., Levertov v Congregation Yetev Lev D’Satmar, 129 AD2d 680). Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.

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251 A.D.2d 143, 672 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 6956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-american-transit-insurance-diaz-nyappdiv-1998.

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