Legal Opinion
United Community Insurance v. Gabriel
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1996PublishedCited by 4 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Kings County (Golden, J.), dated May 2, 1995, which granted the petition only to the extent of directing a framed issue hearing on the issue of whether the underlying occurrence and injury was the result of an assault or a motor vehicle accident.
Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed,…
2Cases cited2 opinions
- In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
- Aetna Casualty & Surety Co. v. CartigianoAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- AIU Insurance v. NunezAppellate Division of the Supreme Court of the State of New York · 2005
- Eagle Insurance v. PerezAppellate Division of the Supreme Court of the State of New York · 2002
- Allstate Insurance v. CalderonAppellate Division of the Supreme Court of the State of New York · 2005
- State Farm Mutual Automobile Insurance v. MandalaAppellate Division of the Supreme Court of the State of New York · 2001