Legal Opinion
Mirochnik v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 1996PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR 7503 to compel arbitration of an underinsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Garry, J.), dated December 15, 1995, which granted the petition.
Ordered that the appeal is dismissed, with costs.
Allstate Insurance Company has arbitrated the present claim and therefore has waived its right to appeal from the order directing the parties to proceed to arbitration (see, Matter of Beagle [MVAIC], 19 NY2d 834, 835; Matter of Nationwide Mut. Ins. Co. v Damaskinos, 227 AD2d 627; Matter of Nationwide Mut.…
2Cases cited3 opinions
- In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- Nationwide Mutual Insurance v. RothbartAppellate Division of the Supreme Court of the State of New York · 1995
- Nationwide Mutual Insurance v. DamaskinosAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Xiaoguang Jiang v. American Express Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Xiaoguang Jiang v. American Express Co.Appellate Division of the Supreme Court of the State of New York · 2021