Legal Opinion

In re Arbitration between Michigan Millers Mutual Insurance & Hilliard

New York Supreme Court

Decided June 26, 1972Published

1Opinion of the CourtBernard F. McCaffrey, J.

This is a motion by a liability insurance company to stay arbitration brought on by its assured, James Hilliard, and Malissie Hilliard, guardian of the infant Jerry Robinson, a passenger.

The petitioner does not dispute the right of respondents to pursue arbitration and admits that the driver of the other vehicle, Leroy Morris, was uninsured at the time of the accident. However, the petitioner sets forth a somewhat unusual and novel concept as to why arbitration should be stayed, namely, that respondents’ otherwise acknowledged right to arbitration *694should he stayed until the issue of…

2Cases cited6 opinions

  1. Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
  2. Flash v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1951
  3. Knolls Cooperative Section No. 1, Inc. v. HennessyNew York Supreme Court · 1956
  4. In re the Arbitration between Leonard & HeinemannNew York Supreme Court · 1962
  5. In re the Arbitration between Short & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1964

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