In re the Arbitration between Insurance Co. of North America & Carrozo

Appellate Division of the Supreme Court of New York

In re the Arbitration between Insurance Co. of North America & Carrozo

203 A.D.2d 210, 611 N.Y.S.2d 171

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published·Cited by 2 cases

Opinion

—Judgment, Supreme Court, Nassau County (Robert Roberto, J.), entered December 4, 1989, which, inter alia, granted the petition seeking a permanent stay of arbitration, and order of said court and Justice entered September 3, 1992, which denied respondent’s motion to vacate the December 4, 1989 judgment, unanimously affirmed, without costs.

As the evidence does not establish that petitioner’s insured’s vehicle collided with an unidentified vehicle or that the metal gear box, which was propelled into Carrozo’s vehicle, was an integral part of the unidentified vehicle, there was no "physical contact” within the meaning of Insurance Law § 5217 (Matter of Allstate Ins. Co. v Killakey, 78 NY2d 325, 329). Concur — Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, Nassau County (Robert Roberto, J.), entered December 4, 1989, which, inter alia, granted the petition seeking a permanent stay of arbitration, and order of said court and Justice entered September 3, 1992, which denied respondent’s motion to vacate the December 4, 1989 judgment, unanimously affirmed, without costs.

As the evidence does not establish that petitioner’s insured’s vehicle collided with an unidentified vehicle or that the metal gear box, which was propelled into Carrozo’s vehicle, was an integral part of the unidentified vehicle, there was no "physical contact” within the meaning of Insurance Law § 5217 (Matter of Allstate Ins. Co. v Killakey, 78 NY2d 325, 329). Concur — Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.

In re the Arbitration between Insurance Co. of North America & Carrozo, 203 A.D.2d 210, 611 N.Y.S.2d 171 (N.Y. Ct. App. 1994).

Pincite

203 A.D.2d 210 (In re the Arbitration between Insurance Co. of North America & Carrozo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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