In re the Arbitration between St. Paul Fire & Marine Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between St. Paul Fire & Marine Insurance

212 A.D.2d 388, 623 N.Y.S.2d 102, 1995 N.Y. App. Div. LEXIS 1219

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

DecidedFebruary 7, 1995

StatusPublished

This text of 212 A.D.2d 388 (In re the Arbitration between St. Paul Fire & Marine Insurance) 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 St. Paul Fire & Marine Insurance, 212 A.D.2d 388, 623 N.Y.S.2d 102, 1995 N.Y. App. Div. LEXIS 1219 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Order, Supreme Court, New York County (Alfred Toker, J.), entered June 23, 1993, after a nonjury trial, which inter alia, denied petitioner insurer’s application to stay arbitration of an respondent insured’s uninsured motorist claim and directed the parties to proceed to arbitration, unanimously affirmed, with costs.

The police report, MV 104 form and paid $200 repair bill that respondent submitted were sufficient to establish both his prompt reporting of the accident to the police and physical contact between the two vehicles, and, respondent’s equivocal testimony notwithstanding, we find no basis to disturb the trial court’s factual determinations. Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Williams, JJ.

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—Order, Supreme Court, New York County (Alfred Toker, J.), entered June 23, 1993, after a nonjury trial, which inter alia, denied petitioner insurer’s application to stay arbitration of an respondent insured’s uninsured motorist claim and directed the parties to proceed to arbitration, unanimously affirmed, with costs.

The police report, MV 104 form and paid $200 repair bill that respondent submitted were sufficient to establish both his prompt reporting of the accident to the police and physical contact between the two vehicles, and, respondent’s equivocal testimony notwithstanding, we find no basis to disturb the trial court’s factual determinations. Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Williams, JJ.

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Bluebook (online)

212 A.D.2d 388, 623 N.Y.S.2d 102, 1995 N.Y. App. Div. LEXIS 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-st-paul-fire-marine-insurance-nyappdiv-1995.