Royal Globe Insurance v. Burns

Appellate Division of the Supreme Court of New York

Royal Globe Insurance v. Burns

44 A.D.2d 719, 354 N.Y.S.2d 954, 1974 N.Y. App. Div. LEXIS 5143

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

DecidedApril 29, 1974

StatusPublished

This text of 44 A.D.2d 719 (Royal Globe Insurance v. Burns) 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

Royal Globe Insurance v. Burns, 44 A.D.2d 719, 354 N.Y.S.2d 954, 1974 N.Y. App. Div. LEXIS 5143 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a proceeding to stay arbitration of respondent’s personal injury claim, under the uninsured motorist provisions of an automobile insurance policy which was issued by petitioner, the latter appeals from an order of the Supreme Court, Westchester County, dated March 23, 1973, which denied the petition. Order reversed, without costs, and stay granted pending trial and determination of the issue of the existence of -a "hit and run” vehicle, for which purposes the proceeding is remitted to Special Term. The allegations in the petition denying the existence of a "hit and run” vehicle in the accident in which respondent was injured are factual, based on a police accident report, and not insufficient as conclusory. Consequently, the proceeding must be remitted for trial of this issue (Matter of Rosenbaum [American Sur. Co. of N. Y.], 11 N Y 2d 310). Hopkins, Acting P. J., Martuscello, Latham, Christ and Brennan, JJ., concur.

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In a proceeding to stay arbitration of respondent’s personal injury claim, under the uninsured motorist provisions of an automobile insurance policy which was issued by petitioner, the latter appeals from an order of the Supreme Court, Westchester County, dated March 23, 1973, which denied the petition. Order reversed, without costs, and stay granted pending trial and determination of the issue of the existence of -a "hit and run” vehicle, for which purposes the proceeding is remitted to Special Term. The allegations in the petition denying the existence of a "hit and run” vehicle in the accident in which respondent was injured are factual, based on a police accident report, and not insufficient as conclusory. Consequently, the proceeding must be remitted for trial of this issue (Matter of Rosenbaum [American Sur. Co. of N. Y.], 11 N Y 2d 310). Hopkins, Acting P. J., Martuscello, Latham, Christ and Brennan, JJ., concur.

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Bluebook (online)

44 A.D.2d 719, 354 N.Y.S.2d 954, 1974 N.Y. App. Div. LEXIS 5143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-globe-insurance-v-burns-nyappdiv-1974.