Legal Opinion
In re the Arbitration between Nationwide Mutual Insurance & Holbert
New York Supreme Court
Decided August 1, 1962PublishedCited by 9 opinions
1Opinion of the CourtRobert O. Brink, J.
This is a motion by the petitioner for an order to stay arbitration under sections 1458-a and 49 of the Civil Practice Act on the grounds that the respondents failed to give petitioner timely notice of the accident and that the Statute of Limitations expired before petitioner received a dcipand to arbitrate. Respondents claim that timely notice was given and that the six-year Statute of Limitations of section 48 of the Civil Practice Act, not the three-year period of section 49, applies.
It appears that on August 10,1958, a car in which respondents were riding was struck by a hit-and-run motor…
2Cases cited7 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Dodds v. McColganAppellate Division of the Supreme Court of the State of New York · 1930
- Clarke v. GilmoreAppellate Division of the Supreme Court of the State of New York · 1912
- Engel v. . FischerNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re the Arbitration Between De Luca & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1966
- Cruger v. Allstate Insurance CompanyDistrict Court of Appeal of Florida · 1964
- Aetna Casualty & Surety Co. v. Superior CourtCalifornia Court of Appeal · 1965
- State v. MontgomeryOregon Supreme Court · 1983
- Dodd v. Secretary of StateMichigan Supreme Court · 1973
4 more not listed; retrieve them via the Exa API.