In re the Arbitration between General Accident Insurance & Malinsky

Appellate Division of the Supreme Court of New York

In re the Arbitration between General Accident Insurance & Malinsky

267 A.D.2d 65, 699 N.Y.S.2d 678, 1999 N.Y. App. Div. LEXIS 12648

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

DecidedDecember 9, 1999

StatusPublished

This text of 267 A.D.2d 65 (In re the Arbitration between General Accident Insurance & Malinsky) 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 General Accident Insurance & Malinsky, 267 A.D.2d 65, 699 N.Y.S.2d 678, 1999 N.Y. App. Div. LEXIS 12648 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (William McCooe, J.), entered on or about December 4, 1998, which granted the petition for a permanent stay of the arbitration of the subject uninsured motorist claim, unanimously reversed, on the law and the facts, without costs, the petition denied and the proceeding dismissed. Appeal from order, same court and Justice, entered April 7, 1999, which, insofar as appealable, denied respondents’ motion for renewal, unanimously dismissed, without costs, as academic in light of the foregoing.

The petition to stay arbitration should have been denied since the insured sufficiently complied with the contractual provisions of the uninsured motorist endorsement. Concur— Ellerin, P. J., Nardelli, Williams, Rubin and Andrias, JJ.

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—Order, Supreme Court, New York County (William McCooe, J.), entered on or about December 4, 1998, which granted the petition for a permanent stay of the arbitration of the subject uninsured motorist claim, unanimously reversed, on the law and the facts, without costs, the petition denied and the proceeding dismissed. Appeal from order, same court and Justice, entered April 7, 1999, which, insofar as appealable, denied respondents’ motion for renewal, unanimously dismissed, without costs, as academic in light of the foregoing.

The petition to stay arbitration should have been denied since the insured sufficiently complied with the contractual provisions of the uninsured motorist endorsement. Concur— Ellerin, P. J., Nardelli, Williams, Rubin and Andrias, JJ.

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Bluebook (online)

267 A.D.2d 65, 699 N.Y.S.2d 678, 1999 N.Y. App. Div. LEXIS 12648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-general-accident-insurance-malinsky-nyappdiv-1999.