Legal Opinion

Allstate Insurance v. Reyes

Appellate Division of the Supreme Court of the State of New York

Decided August 7, 2013Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 10, 2012, which denied the petition.

Ordered that the order is reversed, on the law, with costs, and the petition is granted.

On October 16, 2011, Deborah Reyes was walking in front of a Sunoco Mart, located in Poughkeepsie, while carrying two bags. As she passed in front of a vehicle parked just outside the Sunoco Mart, in an area marked “No Parking,” a rottweiler dog extended its…

2Cases cited11 opinions

  1. In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
  2. Alvarino v. Allstate InsuranceSupreme Court of Pennsylvania · 1988
  3. Eagle Insurance v. ButtsAppellate Division of the Supreme Court of the State of New York · 2000
  4. Rowell v. Utica Mutual InsuranceNew York Court of Appeals · 1991
  5. Zaccari v. Progressive Northwestern InsuranceAppellate Division of the Supreme Court of the State of New York · 2006

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