Legal Opinion
Continental Insurance v. Biondo
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2008PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Zurich American Insurance Company appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered March 19, 2007, which, after a hearing, granted the petition.
Ordered that the judgment is reversed, on the law and the facts, with costs payable to the appellant by the petitioner, the petition is denied, and the proceeding is dismissed.
A petitioner seeking to permanently stay the arbitration of an uninsured motorist claim may make a prima facie case by producing the police…
2Cases cited4 opinions
- Liberty Mutual Insurance v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1986
- Eagle Insurance v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2005
- Wausau Insurance v. RamosAppellate Division of the Supreme Court of the State of New York · 1989
- Kaminsky v. KarminAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- Arthur Glick Truck Sales, Inc. v. Stuphen East Corp.District Court, S.D. New York · 2012
- AutoOne Insurance v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 2010
- Government Employees Insurance v. MorrisAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Country-Wide Ins. Co. v. SantosAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Progressive Cas. Ins. Co. v. PersaudAppellate Division of the Supreme Court of the State of New York · 2023