Legal Opinion
Eveready Insurance v. Mack
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2005PublishedCited by 3 opinions
1Opinion of the Court
*401In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Lodato, J.H.O.), dated May 6, 2004, which, after a hearing, denied the petition.
Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is stayed.
On March 28, 2002, the respondent, Greta Mack, was involved in an automobile accident with a vehicle owned by Diogenes Nunez and operated by Israel Serrano (hereinafter the Nunez vehicle). At the time of the accident, Mack’s vehicle…
2Cases cited5 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- New York State Insurance Fund v. Merchants InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Metlife Auto & Home v. BurgosAppellate Division of the Supreme Court of the State of New York · 2004
- New York Central Mutual Fire Insurance v. BresilAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- Mercury Insurance Group v. OcanaAppellate Division of the Supreme Court of the State of New York · 2007
- AutoOne Insurance v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 2010
- Travelers Indemnity Co. of Illinois v. CiambraNew York Supreme Court · 2005