United States Fire Insurance v. Grieco

Appellate Division of the Supreme Court of New York

United States Fire Insurance v. Grieco

41 A.D.2d 716, 341 N.Y.S.2d 459, 1973 N.Y. App. Div. LEXIS 4925

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

DecidedMarch 13, 1973

StatusPublished

This text of 41 A.D.2d 716 (United States Fire Insurance v. Grieco) 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

United States Fire Insurance v. Grieco, 41 A.D.2d 716, 341 N.Y.S.2d 459, 1973 N.Y. App. Div. LEXIS 4925 (N.Y. Ct. App. 1973).

Pincite

Opinion

Order, Supreme Court, New York County, entered on September 11, 1972, denying petitioner’s application to stay arbitration, pursuant to CPLR 7503, (subd. [e]), unanimously reversed, on'the law, without costs and without disbursements, the application granted and arbitration stayed. Claimant failed to comply with the condition precedent to coverage, under the uninsured motorist indorsement of his automobile policy which required that he, within 24 hours, report to the police the alleged hit-and-run incident which gave rise to his claim. In the circumstances, the fractured elbow allegedly sustained by claimant does not excuse his failure to report the occurrence within the prescribed time limit. (Matter of Davis [MYAIC], 33 A D 2d 663.) Concur — Stevens, P. J., McGivern, Kupferman, Lane and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered on September 11, 1972, denying petitioner’s application to stay arbitration, pursuant to CPLR 7503, (subd. [e]), unanimously reversed, on'the law, without costs and without disbursements, the application granted and arbitration stayed. Claimant failed to comply with the condition precedent to coverage, under the uninsured motorist indorsement of his automobile policy which required that he, within 24 hours, report to the police the alleged hit-and-run incident which gave rise to his claim. In the circumstances, the fractured elbow allegedly sustained by claimant does not excuse his failure to report the occurrence within the prescribed time limit. (Matter of Davis [MYAIC], 33 A D 2d 663.) Concur — Stevens, P. J., McGivern, Kupferman, Lane and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 716, 341 N.Y.S.2d 459, 1973 N.Y. App. Div. LEXIS 4925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fire-insurance-v-grieco-nyappdiv-1973.