Fireman's Fund Insurance v. Freda
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CPLR 7503 to stay arbitration of an under insured motorist claim, Philip Freda appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered May 10, 1988, which granted the petition.
Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for an evidentiary hearing on the issue of whether Philip Freda resided in his father’s household on the date of the accident in accordance herewith; pending that hearing arbitration is temporarily stayed.
On February 16, 1985,…
2Cases cited9 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
- Hollander v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Appleton v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1962
- United Services Automobile Ass'n v. MeierAppellate Division of the Supreme Court of the State of New York · 1982
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- D.E.M. v. AllicksonNorth Dakota Supreme Court · 1996
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