In re the Arbitration between Portnoy & Motor Vehicle Indemnification Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Portnoy & Motor Vehicle Indemnification Corp.

40 A.D.2d 598, 335 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 3864

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

DecidedSeptember 26, 1972

StatusPublished

This text of 40 A.D.2d 598 (In re the Arbitration between Portnoy & Motor Vehicle Indemnification Corp.) 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 Portnoy & Motor Vehicle Indemnification Corp., 40 A.D.2d 598, 335 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 3864 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County, entered on October 12, 1971, directing the parties to proceed to arbitration, unanimously reversed, on the law, and a new hearing directed, with $40 costs and disbursements of this appeal to appellant-to abide the event. The burden was on the claimant to show that the automobile involved in the accident was an uninsured vehicle. The only evidence to establish this was a letter from the purported insurer denying coverage. The admission of the letter into evidence was plainly error, and without it the right to arbitrate was not established. Concur — Kupferman, J. P., Murphy, Steuer and Tilzer, JJ.

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Order and judgment (one paper), Supreme Court, New York County, entered on October 12, 1971, directing the parties to proceed to arbitration, unanimously reversed, on the law, and a new hearing directed, with $40 costs and disbursements of this appeal to appellant-to abide the event. The burden was on the claimant to show that the automobile involved in the accident was an uninsured vehicle. The only evidence to establish this was a letter from the purported insurer denying coverage. The admission of the letter into evidence was plainly error, and without it the right to arbitrate was not established. Concur — Kupferman, J. P., Murphy, Steuer and Tilzer, JJ.

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Bluebook (online)

40 A.D.2d 598, 335 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 3864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-portnoy-motor-vehicle-indemnification-corp-nyappdiv-1972.