Sanchez v. Maryland Casualty Co.

Appellate Division of the Supreme Court of New York

Sanchez v. Maryland Casualty Co.

67 A.D.2d 681, 412 N.Y.S.2d 173, 1979 N.Y. App. Div. LEXIS 10274

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

DecidedJanuary 15, 1979

StatusPublished

This text of 67 A.D.2d 681 (Sanchez v. Maryland Casualty Co.) 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

Sanchez v. Maryland Casualty Co., 67 A.D.2d 681, 412 N.Y.S.2d 173, 1979 N.Y. App. Div. LEXIS 10274 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a proceeding to stay arbitration, the Criterion Insurance Company appeals from a judgment of the Supreme Court, Queens County, dated September 23, 1977, which, after a hearing, determined that there was a valid policy of insurance issued by Criterion to its insured at the time of the accident and granted the application to stay arbitration. Judgment affirmed, with costs to respondent Maryland Casualty Company payable by Criterion. On this record, appellant has not met its burden of demonstrating that its policy of insurance had been canceled prior to the date of the accident. More than a bare assertion in a self-serving letter is required to rebut the presumption of continuance. We further note that since appellant filed no answer to the petition, the allegations therein are deemed uncontroverted (see CPLR 402). Mollen, P. J., Suozzi, Rabin and Martuscello, JJ., concur.

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

— In a proceeding to stay arbitration, the Criterion Insurance Company appeals from a judgment of the Supreme Court, Queens County, dated September 23, 1977, which, after a hearing, determined that there was a valid policy of insurance issued by Criterion to its insured at the time of the accident and granted the application to stay arbitration. Judgment affirmed, with costs to respondent Maryland Casualty Company payable by Criterion. On this record, appellant has not met its burden of demonstrating that its policy of insurance had been canceled prior to the date of the accident. More than a bare assertion in a self-serving letter is required to rebut the presumption of continuance. We further note that since appellant filed no answer to the petition, the allegations therein are deemed uncontroverted (see CPLR 402). Mollen, P. J., Suozzi, Rabin and Martuscello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

67 A.D.2d 681, 412 N.Y.S.2d 173, 1979 N.Y. App. Div. LEXIS 10274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-maryland-casualty-co-nyappdiv-1979.