Legal Opinion · Dissent
Velazquez v. Water Taxi, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1978Published
1Dissent
Sandler, J. (dissenting).
The opinion of the court fairly states the controlling facts. The issues presented are two. The first is whether by proceeding to arbitration under the uninsured motorist’s provision of the defendant’s insurance policy, plaintiff somehow, without regard to the result of arbitration, lost the right to pursue her lawsuit against the defendant in court. As to that, the law is quite clearly established that she did not. (See Brink v Killeen, 48 AD2d 823; Matter of O’Brien [Aetna Cas. & Sur. Co.], 33 AD2d 1085; Matter of Alston [Amalgamated Mut. Cas. Co.], 53 Misc2d 390.)…
2Cases cited7 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- In re the Arbitration between Alston & Amalgamated Mutual Casualty Co.New York Supreme Court · 1967
- In re the Arbitration between O'Brien & Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1970
- Brink v. KilleenAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Arbitration between Shumate & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1966
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