Atlantic Mutual Insurance v. Shaw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Kutner, J.), entered November 30, 1993, which denied the appellant’s motion to vacate a judgment of the same court, entered August 19, 1993, upon her default, permanently staying arbitration.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether or not there was physical contact between the vehicle insured by the…
2Cases cited5 opinions
- In re the Arbitration between SmithNew York Court of Appeals · 1971
- Schiavetta v. McKeonAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Arbitration between Empire Mutual Insurance & ZelinAppellate Division of the Supreme Court of the State of New York · 1985
- Allstate Insurance v. JacobsAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Arbitration between Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by12 opinions
- Aetna Life & Casualty v. GramazioAppellate Division of the Supreme Court of the State of New York · 1997
- CNA Insurance v. CarsleyAppellate Division of the Supreme Court of the State of New York · 1997
- Utica Mutual Insurance v. LeconteAppellate Division of the Supreme Court of the State of New York · 2004
- New York Central Mutual Fire Insurance v. ParedesAppellate Division of the Supreme Court of the State of New York · 2001
- Allstate Insurance v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
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