In re the Arbitration between Country-Wide Insurance & Spero

Appellate Division of the Supreme Court of New York

In re the Arbitration between Country-Wide Insurance & Spero

61 A.D.2d 755, 402 N.Y.S.2d 336, 1978 N.Y. App. Div. LEXIS 10144

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1978·Published

Opinion

Order, Supreme Court, New York County, entered September 27, 1977, denying petitioner-appellant’s motion to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and the motion granted to the extent of remanding for a hearing on whether a report of the underlying alleged accident was made to police and when, and whether respondent-respondent made all reasonable efforts to ascertain the identity of the offending vehicle. The papers in opposition to the application state no more than the hearsay allegation that some unknown person had called police. (See Insurance Law, § 608, subd [b]; Matter of O’Rouke v Motor Vehicle Acc. Ind. Corp., 29 AD2d 938.) Concur—Lupiano, J. P., Birns, Silverman, Fein and Markewich, JJ.

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Order, Supreme Court, New York County, entered September 27, 1977, denying petitioner-appellant’s motion to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and the motion granted to the extent of remanding for a hearing on whether a report of the underlying alleged accident was made to police and when, and whether respondent-respondent made all reasonable efforts to ascertain the identity of the offending vehicle. The papers in opposition to the application state no more than the hearsay allegation that some unknown person had called police. (See Insurance Law, § 608, subd [b]; Matter of O’Rouke v Motor Vehicle Acc. Ind. Corp., 29 AD2d 938.) Concur—Lupiano, J. P., Birns, Silverman, Fein and Markewich, JJ.

In re the Arbitration between Country-Wide Insurance & Spero, 61 A.D.2d 755, 402 N.Y.S.2d 336, 1978 N.Y. App. Div. LEXIS 10144 (N.Y. Ct. App. 1978).

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61 A.D.2d 755 (In re the Arbitration between Country-Wide Insurance & Spero) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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