Legal Opinion
Progressive Northeastern Insurance v. Gibson
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2009PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated February 8, 2008, as, after a framed-issue hearing, in effect, denied that branch of the petition which was to permanently stay arbitration.
Ordered that the order is affirmed insofar as appealed from, with costs.
The petitioner’s failure to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the…
2Cases cited4 opinions
- Eagle Insurance v. BattershieldAppellate Division of the Supreme Court of the State of New York · 1996
- Allstate Insurance v. HollowayAppellate Division of the Supreme Court of the State of New York · 2000
- Eagle Insurance v. McPhersonAppellate Division of the Supreme Court of the State of New York · 2000
- Progressive Northwestern Insurance v. GjonajAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
- Matter of Hertz Vehicles, LLC v. MonroeAppellate Division of the Supreme Court of the State of New York · 2016
- Integon National Insurance v. MontagnaAppellate Division of the Supreme Court of the State of New York · 2010
- Farmers Insurance/Truck Insurance Exchange v. TerzulliAppellate Division of the Supreme Court of the State of New York · 2013
- Farmers Insurance/Truck Insurance Exchange v. TerzulliAppellate Division of the Supreme Court of the State of New York · 2013