Legal Opinion
Eagle Insurance v. Viera
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 1997PublishedCited by 7 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Luciano Viera and David Viera appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Franco, J.), dated July 31, 1996, as granted the petition.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the petitioner and its insureds Luciano Viera and David Viera are directed to proceed to arbitration.
The party seeking a stay of arbitration has the burden of showing the existence of…
2Cases cited2 opinions
- State-Wide Insurance v. MoralesAppellate Division of the Supreme Court of the State of New York · 1994
- Prudential Property & Casualty Insurance v. CampbellAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- AutoOne Insurance v. UmanzorAppellate Division of the Supreme Court of the State of New York · 2010
- American Protection Insurance v. DeFalcoAppellate Division of the Supreme Court of the State of New York · 2009
- Government Employees Insurance v. Estate of SosnovAppellate Division of the Supreme Court of the State of New York · 2000
- Utica Mutual Insurance v. ColonAppellate Division of the Supreme Court of the State of New York · 2006
- Liberty Mutual Insurance v. MorganAppellate Division of the Supreme Court of the State of New York · 2004
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