Legal Opinion
Allstate Insurance v. Swinton
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2006PublishedCited by 11 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Archer, J.), dated July 1, 2005, which, after a framed issue hearing, denied the petition and, in effect, dismissed the proceeding.
Ordered that the order is reversed, on the law and the facts, with costs, the petition is granted, and the arbitration is permanently stayed.
Under the circumstances of this case, the 34-day delay by proposed additional respondent Clarendon National Insurance Company (hereinafter…
2Cases cited4 opinions
- West 16th Street Tenants Corp. v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Guberman v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Structure Tone, Inc. v. Burgess Steel Products Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Gregorio v. J.M. Dennis Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by11 opinions
- Stout v. 1 East 66th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Sirius America Insurance Co. v. Vigo Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Quincy Mutual Fire Insurance v. UribeAppellate Division of the Supreme Court of the State of New York · 2007
- Stellar Mechanical Services of New York, Inc. v. Merchants Insurance of New HampshireAppellate Division of the Supreme Court of the State of New York · 2010
- Guzman v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
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