Legal Opinion
Utica Mutual Insurance v. Leconte
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2004PublishedCited by 8 opinions
1Opinion of the Court
*535In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Queens County (Thomas, J.), entered November 25, 2002, which denied the petition.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether there was physical contact between the respondent’s vehicle and the alleged “hit-and-run” vehicle.
Physical contact is a prerequisite to the applicability of the uninsured motorist…
2Cases cited4 opinions
- Atlantic Mutual Insurance v. ShawAppellate Division of the Supreme Court of the State of New York · 1995
- Great Northern Insurance v. BallingerAppellate Division of the Supreme Court of the State of New York · 2003
- Maryland Casualty Co. v. PiaseckiAppellate Division of the Supreme Court of the State of New York · 1997
- New York Central Mutual Fire Insurance v. ParedesAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- Matter of Merchants Preferred Ins. Co. v. WaldoAppellate Division of the Supreme Court of the State of New York · 2015
- Newark Insurance v. CarusoAppellate Division of the Supreme Court of the State of New York · 2005
- Nationwide Mutual Fire Insurance v. ThomasAppellate Division of the Supreme Court of the State of New York · 2008
- Allstate Insurance v. AizinAppellate Division of the Supreme Court of the State of New York · 2013
- Allstate Insurance v. AizinAppellate Division of the Supreme Court of the State of New York · 2013
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