Legal Opinion

Lumbermens Mutual Casualty Co. v. Ramos

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

Decided October 24, 2005Published

1Opinion of the Court

In a proceeding to permanently stay arbitration, the petitioners appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated August 17, 2004, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The petitioners did not make a prima facie case showing of their entitlement to a stay of the demand of the respondent Carmen V Ramos to arbitrate her claim for underinsured motor*758ist benefits under her insurance policy with the petitioners. Accordingly, the Supreme Court properly denied the petition (see Matter of…

2Cases cited3 opinions

  1. Sanz v. Discount AutoAppellate Division of the Supreme Court of the State of New York · 2004
  2. Lumbermens Mutual Casualty Co. v. QuinteroAppellate Division of the Supreme Court of the State of New York · 2003
  3. Ramsey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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