Legal Opinion

Progressive Northwestern Insurance v. Van Dina

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

Decided April 23, 2001PublishedCited by 13 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered October 24, 2000, which denied the petition and directed the parties to proceed to arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The respondent was in a parking lot, placing packages into the trunk of her car. An unidentified vehicle drove past and its driver reached out and grabbed her purse. The…

2Cases cited3 opinions

  1. McCarthy v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1962
  2. McCarthy v. Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1963
  3. Aetna Casualty & Surety Co. v. PerryAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by13 opinions

  1. Metro Medical Diagnostics, P.C. v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  2. Allstate Insurance v. MassreAppellate Division of the Supreme Court of the State of New York · 2005
  3. Westchester Medical Center v. Travelers Property Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
  4. State Farm Mutual Automobile Insurance v. LanganAppellate Division of the Supreme Court of the State of New York · 2005
  5. Government Employees Insurance v. ShaulskayaAppellate Division of the Supreme Court of the State of New York · 2003

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