State Farm Fire & Casualty Co. v. Hayes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CELR article 75 to stay arbitration of an uninsured motorist claim, the appeal, as limited by the appellant’s brief, is from so much of a judgment of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated November 18, 2009, as, after a hearing, determined that the subject vehicle was stolen and being operated without permission at the time of the accident and, in effect, denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
“The strong presumption of permissive use afforded by Vehicle and…
2Cases cited10 opinions
- Murdza v. ZimmermanNew York Court of Appeals · 2003
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- New York Central Mutual Fire Insurance v. DukesAppellate Division of the Supreme Court of the State of New York · 2005
- Sargeant v. Village Bindery, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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