Mirochnik v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Mirochnik v. Allstate Insurance

233 A.D.2d 513, 650 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 12684

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

DecidedNovember 25, 1996

StatusPublished

Cited by2 cases

This text of 233 A.D.2d 513 (Mirochnik v. Allstate 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

Mirochnik v. Allstate Insurance, 233 A.D.2d 513, 650 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 12684 (N.Y. Ct. App. 1996).

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Opinion

In a proceeding pursuant to CPLR 7503 to compel arbitration of an underinsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Garry, J.), dated December 15, 1995, which granted the petition.

Ordered that the appeal is dismissed, with costs.

Allstate Insurance Company has arbitrated the present claim and therefore has waived its right to appeal from the order directing the parties to proceed to arbitration (see, Matter of Beagle [MVAIC], 19 NY2d 834, 835; Matter of Nationwide Mut. Ins. Co. v Damaskinos, 227 AD2d 627; Matter of Nationwide Mut. Ins. Co. v Rothbart, 220 AD2d 509). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

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In a proceeding pursuant to CPLR 7503 to compel arbitration of an underinsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Garry, J.), dated December 15, 1995, which granted the petition.

Ordered that the appeal is dismissed, with costs.

Allstate Insurance Company has arbitrated the present claim and therefore has waived its right to appeal from the order directing the parties to proceed to arbitration (see, Matter of Beagle [MVAIC], 19 NY2d 834, 835; Matter of Nationwide Mut. Ins. Co. v Damaskinos, 227 AD2d 627; Matter of Nationwide Mut. Ins. Co. v Rothbart, 220 AD2d 509). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

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Bluebook (online)

233 A.D.2d 513, 650 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 12684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mirochnik-v-allstate-insurance-nyappdiv-1996.

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