Legal Opinion
Matter of Allstate Ins. Co. v. Howell
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2017No. 4186N 260647/11PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about April 14, 2016, which denied petitioner’s motion to permanently stay arbitration, unanimously reversed, on the law, without costs, and the motion granted.
Petitioner seeks to permanently stay an underinsured motorist benefits arbitration proceeding brought by respondent in New York.
The motion court erred in dismissing the motion to stay as untimely. The time restrictions set forth at CPLR 7503 (c) do not apply where, as here, respondent waived her right to arbitrate by initiating litigation on the same claims (see…
2Cases cited6 opinions
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
- Hertz Corp. v. HolmesAppellate Division of the Supreme Court of the State of New York · 2013
- Waldman v. Mosdos Bobov, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Greenidge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Ryan v. Kellogg Partners Institutional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matter of Empire Core Group, LLC v. Perennial Painting & Cleaning LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Empire Core Group, LLC v. Perennial Painting & Cleaning LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of City of Yonkers v. Yonkers FirefightersAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Village of Bronxville v. Bronxville Police Taylor Act Comm.Appellate Division of the Supreme Court of the State of New York · 2019