Legal Opinion

Elrac, Inc. v. Exum

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 2010PublishedCited by 1 opinion

1Opinion of the Court

*432Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered March 11, 2009, granting the petition of ELRAC, Inc., for a permanent stay of arbitration, unanimously reversed, on the law, without costs, and the petition denied.

Where respondent, operating a motor vehicle owned by petitioner, who was his employer, was in an accident with an uninsured motorist, the court erred in granting the petition to stay arbitration of his uninsured motorist claim against petitioner. Petitioner argues that since the accident occurred in the regular course of respondent’s employment, the…

2Cases cited5 opinions

  1. Allstate Insurance v. ShawNew York Court of Appeals · 1980
  2. State Farm Mutual Automobile Insurance v. AmatoNew York Court of Appeals · 1988
  3. In re the Arbitration between Country-Wide Insurance & ManningNew York Court of Appeals · 1984
  4. In Re the Arbitration Between New York City Transit Authority & ThomNew York Court of Appeals · 1981
  5. In re the Arbitration between New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by1 opinion

  1. Elrac, Inc. v. ExumNew York Court of Appeals · 2011

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