In re the Arbitration between Cain & Travelers Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Cain & Travelers Insurance

37 A.D.2d 913, 325 N.Y.S.2d 342, 1971 N.Y. App. Div. LEXIS 3156

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

DecidedOctober 28, 1971

StatusPublished

This text of 37 A.D.2d 913 (In re the Arbitration between Cain & Travelers 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

In re the Arbitration between Cain & Travelers Insurance, 37 A.D.2d 913, 325 N.Y.S.2d 342, 1971 N.Y. App. Div. LEXIS 3156 (N.Y. Ct. App. 1971).

Pincite

Opinion

Order unanimously reversed, with costs, and motion granted. Memorandum: The fact that claimant was injured when struck by a hit and run driver is undisputed and the record, in that respect, reveals that there is merit to his claim for recovery provided he can show timely notice of his claim and proof of respondent’s responsibility. The facts alleged in claimant’s supporting papers in explanation of the default are entirely sufficient to constitute a reasonable excuse and the denial of the motion to vacate the default was an improvident exercise of discretion. (Kahn v. Arcangel, Inc., 23 A D 2d 535; Matter of MV AIC [Stein], 23 A D 2d 526.) Claimant is entitled to a trial of the issues. (Appeal from order of Erie Special Term denying motion to vacate stay of arbitration.) Present—Del Vecehio, J. P., Marsh, Witmer, Gabrielli and Cardamone, JJ.

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Order unanimously reversed, with costs, and motion granted. Memorandum: The fact that claimant was injured when struck by a hit and run driver is undisputed and the record, in that respect, reveals that there is merit to his claim for recovery provided he can show timely notice of his claim and proof of respondent’s responsibility. The facts alleged in claimant’s supporting papers in explanation of the default are entirely sufficient to constitute a reasonable excuse and the denial of the motion to vacate the default was an improvident exercise of discretion. (Kahn v. Arcangel, Inc., 23 A D 2d 535; Matter of MV AIC [Stein], 23 A D 2d 526.) Claimant is entitled to a trial of the issues. (Appeal from order of Erie Special Term denying motion to vacate stay of arbitration.) Present—Del Vecehio, J. P., Marsh, Witmer, Gabrielli and Cardamone, JJ.

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Bluebook (online)

37 A.D.2d 913, 325 N.Y.S.2d 342, 1971 N.Y. App. Div. LEXIS 3156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-cain-travelers-insurance-nyappdiv-1971.