Phoenix Insurance v. Tasch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the appeal is from an order of the Supreme Court, Kings County (Dabiri, J.), dated April 15, 2002, which granted the petition and permanently stayed the arbitration.
Ordered that the order is affirmed, with costs.
We affirm the order appealed from on a different ground than the one used by the Supreme Court in granting the petition and permanently staying the arbitration (see Menorah Nursing Home v Zukov, 153 AD2d 13 [1989]). The relevant provision of the subject insurance…
2Cases cited9 opinions
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- Eagle Insurance v. BernardineAppellate Division of the Supreme Court of the State of New York · 1999
- Nationwide Insurance v. MontopoliAppellate Division of the Supreme Court of the State of New York · 1999
- Azriliant v. Eagle Chase AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by7 opinions
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- Hospital for Joint Diseases v. Lincoln General InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Lenchner v. ChasinAppellate Division of the Supreme Court of the State of New York · 2008
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