Legal Opinion
Glens Falls Insurance Company v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1995PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the appeal is from an order of the Supreme Court, Nassau County (Yachnin, J.), dated April 20, 1994, which granted the petition.
Ordered that the order is affirmed, with costs.
*530The record establishes that the appellant prejudiced the petitioner’s subrogation rights by signing a general release in favor of the tortfeasor (see, Weinberg v Transamerica Ins. Co., 62 NY2d 379; Matter of State Farm Fire & Cas. Co. v Zyburo, 215 AD2d 566). The petition to stay arbitration…
2Cases cited4 opinions
- In re the Arbitration between Allcity Insurance & JimenezNew York Court of Appeals · 1991
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- State Farm Insurance v. VelasquezAppellate Division of the Supreme Court of the State of New York · 1995
- State Farm Fire & Casualty Co. v. ZyburoAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- Integon Insurance v. BattagliaAppellate Division of the Supreme Court of the State of New York · 2002
- New York Central Mutual Fire Insurance v. HildrethAppellate Division of the Supreme Court of the State of New York · 2007
- Interboro Mutual Insurance v. DevoneNew York Supreme Court · 2001