Legal Opinion
Aetna Life & Casualty v. Gramazio
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 1997PublishedCited by 13 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated September 18, 1996, which, after a hearing, denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
Physical contact is a condition precedent to an arbitration based on a so-called hit-and-run accident (see, Insurance Law § 5217; Matter of Federal Ins. Co. v Luhmann, 229 AD2d 438; Matter of Atlantic Mut. Ins. Co. v Shaw, 222 AD2d 581).…
2Cases cited4 opinions
- Atlantic Mutual Insurance v. ShawAppellate Division of the Supreme Court of the State of New York · 1995
- Allstate Insurance v. WeissAppellate Division of the Supreme Court of the State of New York · 1991
- Federal Insurance v. LuhmannAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Arbitration between Aetna Casualty & Surety Co. & HollerAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by13 opinions
- Tri-State Consumer Insurance v. DabushAppellate Division of the Supreme Court of the State of New York · 1999
- State Farm Mutual Automobile Insurance v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2001
- New York Central Mutual Fire Insurance v. VentoAppellate Division of the Supreme Court of the State of New York · 2009
- CGU Insurance v. VelezAppellate Division of the Supreme Court of the State of New York · 2001
- Hartford Insurance v. KhanAppellate Division of the Supreme Court of the State of New York · 2001
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