Legal Opinion
Merchants Mutual Insurance v. Anemone
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2000PublishedCited by 4 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Joseph Anemone appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (M. Garson, J.), dated February 24, 1999, as granted the petition to the extent of directing a hearing on the issue of whether there had been physical contact between the vehicle that he was driving and the alleged hit-and-run vehicle.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.
Contra…
2Cases cited4 opinions
- In Re the Arbitration Between Steck & State Farm InsuranceNew York Court of Appeals · 1996
- Aetna Life & Casualty Co. v. StekardisNew York Court of Appeals · 1974
- CNA Insurance v. CarsleyAppellate Division of the Supreme Court of the State of New York · 1997
- CNA Insurance v. RosaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- State Farm Mutual Automobile Insurance v. UrbanAppellate Division of the Supreme Court of the State of New York · 2010
- AIU Insurance v. OrellanaAppellate Division of the Supreme Court of the State of New York · 2005
- Allstate Insurance v. DuffyAppellate Division of the Supreme Court of the State of New York · 2004
- Interboro Mutual Insurance v. DevoneNew York Supreme Court · 2001