Interboro Mutual Indemnity Insurance v. McBride

Appellate Division of the Supreme Court of New York

Interboro Mutual Indemnity Insurance v. McBride

288 A.D.2d 474, 732 N.Y.S.2d 905, 2001 N.Y. App. Div. LEXIS 11389

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

DecidedNovember 26, 2001

StatusPublished

This text of 288 A.D.2d 474 (Interboro Mutual Indemnity Insurance v. McBride) 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

Interboro Mutual Indemnity Insurance v. McBride, 288 A.D.2d 474, 732 N.Y.S.2d 905, 2001 N.Y. App. Div. LEXIS 11389 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered November 16, 2000, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for an evidentiary hearing in accordance herewith.

The records of the Department of Motor Vehicles submitted by the parties indicate that there is an issue of fact as to whether the vehicle which was involved in the underlying accident was insured at the time of the accident (see, Matter of Allstate Ins. Co. v Moore, 228 AD2d 437). Accordingly, arbitration must be stayed pending resolution of that issue at an evidentiary ruling to be conducted by the Supreme Court (see, Matter of Allstate Ins. Co. v Moore, supra). Ritter, J. P., Gold-stein, Friedmann, Feuerstein and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered November 16, 2000, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for an evidentiary hearing in accordance herewith.

The records of the Department of Motor Vehicles submitted by the parties indicate that there is an issue of fact as to whether the vehicle which was involved in the underlying accident was insured at the time of the accident (see, Matter of Allstate Ins. Co. v Moore, 228 AD2d 437). Accordingly, arbitration must be stayed pending resolution of that issue at an evidentiary ruling to be conducted by the Supreme Court (see, Matter of Allstate Ins. Co. v Moore, supra). Ritter, J. P., Gold-stein, Friedmann, Feuerstein and Crane, JJ., concur.

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Bluebook (online)

288 A.D.2d 474, 732 N.Y.S.2d 905, 2001 N.Y. App. Div. LEXIS 11389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interboro-mutual-indemnity-insurance-v-mcbride-nyappdiv-2001.

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