In re the Arbitration between Savage & American Home Assurance Co.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Savage & American Home Assurance Co.

39 A.D.2d 523, 330 N.Y.S.2d 603, 1972 N.Y. App. Div. LEXIS 4969

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

DecidedApril 11, 1972

StatusPublished

This text of 39 A.D.2d 523 (In re the Arbitration between Savage & American Home Assurance Co.) 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 Savage & American Home Assurance Co., 39 A.D.2d 523, 330 N.Y.S.2d 603, 1972 N.Y. App. Div. LEXIS 4969 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County entered on May 27, 1971, denying appellant’s motion to stay arbitration, unanimously reversed, on the law and on the facts, and the motion granted. Appellant shall recover of respondents $30 costs and disbursements of this appeal. Allstate did not sustain its heavy burden of showing that its efforts were reasonably expected to locate Simon and Reed and bring about their co-operation and that the non-co-operation was a willful and avowed obstruction of its defense. (Thrasher v. United States Liab. Ins. Co., 19 N Y 2d 159.) At best, any attempt by Allstate to locate these persons, as appears in the record, was perfunctory in nature and not reasonably calculated to produce results. Concur—■ Stevens, P. J., Nunez, Murphy, McNally and Capozzoli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment (one paper), Supreme Court, New York County entered on May 27, 1971, denying appellant’s motion to stay arbitration, unanimously reversed, on the law and on the facts, and the motion granted. Appellant shall recover of respondents $30 costs and disbursements of this appeal. Allstate did not sustain its heavy burden of showing that its efforts were reasonably expected to locate Simon and Reed and bring about their co-operation and that the non-co-operation was a willful and avowed obstruction of its defense. (Thrasher v. United States Liab. Ins. Co., 19 N Y 2d 159.) At best, any attempt by Allstate to locate these persons, as appears in the record, was perfunctory in nature and not reasonably calculated to produce results. Concur—■ Stevens, P. J., Nunez, Murphy, McNally and Capozzoli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 523, 330 N.Y.S.2d 603, 1972 N.Y. App. Div. LEXIS 4969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-savage-american-home-assurance-co-nyappdiv-1972.