Legal Opinion

Banner Casualty Co. v. Lazar

New York Supreme Court

Decided March 28, 1975PublishedCited by 2 opinions

1Opinion of the Court

Bernard F. McCaffrey J.

In this nonjury trial the court is called upon to determine the preliminary issue of the validity of the disclaimer by the self-insured respondent, Econo-Car International. The issue is presented pursuant to an application by petitioner, Banner Casualty Company, for a stay of arbitration pursuant to CPLR 7503.

*361The parties stipulated, prior to the presentation of testimony, to the occurrence of a two-car accident on August 16, 1973 in Brooklyn, New York. Involved therein was an automobile owned by respondent Morris Lazar and operated by Julius Ginsberg, and an automobile…

2Cases cited11 opinions

  1. Leotta v. PlessingerNew York Court of Appeals · 1960
  2. Grant v. KnepperNew York Court of Appeals · 1927
  3. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974
  4. People v. AlabodaAppellate Division of the Supreme Court of the State of New York · 1921
  5. Rivera v. W. & R. Service Station, Inc.Appellate Division of the Supreme Court of the State of New York · 1970

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3Cited by2 opinions

  1. In re the Arbitration between Utica Mutual Insurance & LaheyAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. CarringtonCriminal Court of the City of New York · 1988

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