State Farm Mutual Insurance v. Genao

Appellate Division of the Supreme Court of New York

State Farm Mutual Insurance v. Genao

210 A.D.2d 340, 620 N.Y.S.2d 270, 1994 N.Y. App. Div. LEXIS 12523

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1994·Published·Cited by 6 cases

Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated February 8, 1993, which, after a hearing, dismissed the petition.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

It is undisputed that the respondent failed to report the hit- [341] and-run accident to the police. The Supreme Court therefore erred in dismissing the petition to stay arbitration (see, Matter of United States Fire Ins. Co. v Williams, 166 AD2d 538; Matter of Aetna Cas. & Sur. Co. v Loy, 108 AD2d 709).

We have considered the respondent’s remaining contentions and find them to be without merit. Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.

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

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated February 8, 1993, which, after a hearing, dismissed the petition.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

It is undisputed that the respondent failed to report the hit- [341] and-run accident to the police. The Supreme Court therefore erred in dismissing the petition to stay arbitration (see, Matter of United States Fire Ins. Co. v Williams, 166 AD2d 538; Matter of Aetna Cas. & Sur. Co. v Loy, 108 AD2d 709).

We have considered the respondent’s remaining contentions and find them to be without merit. Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.

State Farm Mutual Insurance v. Genao, 210 A.D.2d 340, 620 N.Y.S.2d 270, 1994 N.Y. App. Div. LEXIS 12523 (N.Y. Ct. App. 1994).

Pincite

210 A.D.2d 340 (State Farm Mutual Insurance v. Genao) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related