Ohio Casualty Group v. Avellini

Order, Supreme Court, New York County, entered March 17, 1976, granting petitioner’s motion to stay arbitration pending trial of the issue whether there was a contractual obligation to proceed to arbitration, unanimously reversed, on the law, and the stay of arbitration denied. Appellant shall recover of petitioner-respondent $40 costs and disbursements of this appeal. The petitioner insurance carrier, although licensed to do business in this State, claims that it does not write policies for residents of New York. It issued a policy of automobile liability insurance to the respondent in New…