Nationwide Mutual Insurance v. Sparacino

Appellate Division of the Supreme Court of New York

Nationwide Mutual Insurance v. Sparacino

191 A.D.2d 635, 595 N.Y.S.2d 325, 1993 N.Y. App. Div. LEXIS 2619

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

DecidedMarch 22, 1993

StatusPublished

Cited by2 cases

This text of 191 A.D.2d 635 (Nationwide Mutual Insurance v. Sparacino) 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.

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Nationwide Mutual Insurance v. Sparacino, 191 A.D.2d 635, 595 N.Y.S.2d 325, 1993 N.Y. App. Div. LEXIS 2619 (N.Y. Ct. App. 1993).

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Opinion

—In a proceeding to stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Facelle, J.), entered December 4, 1990, which denied its application to permanently stay arbitration.

Ordered that the judgment is affirmed, with costs.

We agree with the determination of the Supreme Court that the petitioner failed to meet its burden of presenting evidentiary facts sufficient to establish the existence of a preliminary issue which would justify a stay of the respondent’s demand for arbitration of her claim for underinsured motorist benefits (see, e.g., Matter of Colonial Penn Ins. Co. v Carter, 157 AD2d 839; Matter of Empire Mut. Ins. Co. [Greaney], 156 AD2d 154; Matter of Commercial Union Ins. Cos. [Pouncy], 120 AD2d 382). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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—In a proceeding to stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Facelle, J.), entered December 4, 1990, which denied its application to permanently stay arbitration.

Ordered that the judgment is affirmed, with costs.

We agree with the determination of the Supreme Court that the petitioner failed to meet its burden of presenting evidentiary facts sufficient to establish the existence of a preliminary issue which would justify a stay of the respondent’s demand for arbitration of her claim for underinsured motorist benefits (see, e.g., Matter of Colonial Penn Ins. Co. v Carter, 157 AD2d 839; Matter of Empire Mut. Ins. Co. [Greaney], 156 AD2d 154; Matter of Commercial Union Ins. Cos. [Pouncy], 120 AD2d 382). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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Bluebook (online)

191 A.D.2d 635, 595 N.Y.S.2d 325, 1993 N.Y. App. Div. LEXIS 2619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-sparacino-nyappdiv-1993.

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