Norfolk & Dedham Mutual Fire Insurance v. Meisner

Appellate Division of the Supreme Court of New York

Norfolk & Dedham Mutual Fire Insurance v. Meisner

60 A.D.2d 885, 401 N.Y.S.2d 288, 1978 N.Y. App. Div. LEXIS 9933

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1978·Published

Opinion

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Suffolk County, dated May 31, 1977, which denied the application. Order reversed, on the law, with $50 costs and disbursements, and application granted. The issue of "contact” must be resolved before respondent can properly proceed to arbitration (see Matter of Motor Vehicle Acc. Indemnification Corp. [Downey], 11 NY2d 995; Matter of Allstate Ins. Co. v Watts, 45 AD2d 1005). Hopkins, J. P., Shapiro, Hawkins and O’Connor, JJ., concur.

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In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Suffolk County, dated May 31, 1977, which denied the application. Order reversed, on the law, with $50 costs and disbursements, and application granted. The issue of "contact” must be resolved before respondent can properly proceed to arbitration (see Matter of Motor Vehicle Acc. Indemnification Corp. [Downey], 11 NY2d 995; Matter of Allstate Ins. Co. v Watts, 45 AD2d 1005). Hopkins, J. P., Shapiro, Hawkins and O’Connor, JJ., concur.

Norfolk & Dedham Mutual Fire Insurance v. Meisner, 60 A.D.2d 885, 401 N.Y.S.2d 288, 1978 N.Y. App. Div. LEXIS 9933 (N.Y. Ct. App. 1978).

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Opinion

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