Interboro Mutual Indemnity Insurance v. Schraf

Appellate Division of the Supreme Court of New York

Interboro Mutual Indemnity Insurance v. Schraf

283 A.D.2d 646, 725 N.Y.S.2d 868, 2001 N.Y. App. Div. LEXIS 5498

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

DecidedMay 29, 2001

StatusPublished

This text of 283 A.D.2d 646 (Interboro Mutual Indemnity Insurance v. Schraf) 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. Schraf, 283 A.D.2d 646, 725 N.Y.S.2d 868, 2001 N.Y. App. Div. LEXIS 5498 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated July 17, 2000, which granted the motion of the respondent Malka Schraf for leave to reargue and, upon reargument, inter alia, vacated its prior order dated April 10, 2000, permanently staying arbitration and referred the matter to a referee.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the motion of the respondent Malka Schraf for leave to reargue and, upon reargument, inter alia, vacated its prior order permanently staying arbitration and referred the matter to a referee to determine the insurance status of the offending vehicle. The Supreme Court correctly found that Schraf s letters dated January 5, 1996, and March 13, 1996, provided the petitioner with the required notice of claim. O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated July 17, 2000, which granted the motion of the respondent Malka Schraf for leave to reargue and, upon reargument, inter alia, vacated its prior order dated April 10, 2000, permanently staying arbitration and referred the matter to a referee.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the motion of the respondent Malka Schraf for leave to reargue and, upon reargument, inter alia, vacated its prior order permanently staying arbitration and referred the matter to a referee to determine the insurance status of the offending vehicle. The Supreme Court correctly found that Schraf s letters dated January 5, 1996, and March 13, 1996, provided the petitioner with the required notice of claim. O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

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Bluebook (online)

283 A.D.2d 646, 725 N.Y.S.2d 868, 2001 N.Y. App. Div. LEXIS 5498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interboro-mutual-indemnity-insurance-v-schraf-nyappdiv-2001.