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

Appellate Division of the Supreme Court of the State of New York·Decided March 22, 1993·Published·Cited by 2 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

—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.

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).

Pincite

191 A.D.2d 635 (Nationwide Mutual Insurance v. Sparacino) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related