Legal Opinion
Phoenix Insurance v. Casteneda
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated February 21, 2001, which, sua sponte, dismissed the petition without prejudice to the filing of a new petition in a proper county.
Ordered that on the Court’s own motion, the appellant’s no*508tice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, without costs or disbursements, the…
2Cases cited3 opinions
- Benson v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1903
- Callanan Industries, Inc. v. Sovereign Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Nixon v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Bank of New York v. Elance, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Iglesia v. IglesiaAppellate Division of the Supreme Court of the State of New York · 2002
- Employees Insurance v. RaghanathAppellate Division of the Supreme Court of the State of New York · 2001