American Home Assurance Co. v. Ceballos
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 an uninsured motorist claim, Francisco Ceballos appeals from a judgment of the Supreme Court, Nassau *613County (Kutner, J.), entered May 26, 1994, which granted the petition and permanently stayed arbitration.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly stayed arbitration since the appellant failed to comply with the condition precedent to coverage under the uninsured motorist endorsement of the insurance policy which required that he file a statement under oath within 90 days of the…
2Cases cited9 opinions
- In re the Arbitration between Allcity Insurance & JimenezNew York Court of Appeals · 1991
- Schiebel v. Nationwide Mutual Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Home Indemnity Co. v. MessanaAppellate Division of the Supreme Court of the State of New York · 1988
- Eveready Insurance v. SaundersAppellate Division of the Supreme Court of the State of New York · 1989
- American Home Assurance Co. v. JosephAppellate Division of the Supreme Court of the State of New York · 1995
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- Outlaw v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997