Travelers Insurance v. Thompson

Appellate Division of the Supreme Court of New York

Travelers Insurance v. Thompson

117 A.D.2d 595, 498 N.Y.S.2d 375, 1986 N.Y. App. Div. LEXIS 52867

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

DecidedFebruary 3, 1986

StatusPublished

This text of 117 A.D.2d 595 (Travelers Insurance v. Thompson) 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

Travelers Insurance v. Thompson, 117 A.D.2d 595, 498 N.Y.S.2d 375, 1986 N.Y. App. Div. LEXIS 52867 (N.Y. Ct. App. 1986).

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Opinion

—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated May 20, 1985, which granted the petition.

Judgment affirmed, with costs.

Appellant Thompson cannot complain that the petition was untimely when his attorney "engages in tactics calculated to hinder or prevent a contest by petitioner of the arbitrability issue” by burying the demand for arbitration, which was not [596]*596the American Arbitration Association’s recognizablé form, in the middle of appellant’s hospital record and, apparently, not otherwise adverting to it (see, Matter of American Sec. Ins. Co. [Tabacchi], 95 AD2d 808). Mollen, P. J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.

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—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated May 20, 1985, which granted the petition.

Judgment affirmed, with costs.

Appellant Thompson cannot complain that the petition was untimely when his attorney "engages in tactics calculated to hinder or prevent a contest by petitioner of the arbitrability issue” by burying the demand for arbitration, which was not [596]*596the American Arbitration Association’s recognizablé form, in the middle of appellant’s hospital record and, apparently, not otherwise adverting to it (see, Matter of American Sec. Ins. Co. [Tabacchi], 95 AD2d 808). Mollen, P. J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.

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Bluebook (online)

117 A.D.2d 595, 498 N.Y.S.2d 375, 1986 N.Y. App. Div. LEXIS 52867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelers-insurance-v-thompson-nyappdiv-1986.

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