Legal Opinion

Allstate Insurance v. DeVitt

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

Decided November 26, 2001Published

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for under-insured motorists benefits, Edward DeVitt, Jr., appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated November 21, 2000, which granted the petition, and the petitioner cross-appeals from so much of the same order as failed to stay the arbitration on the alternate ground that Edward DeVitt, Jr., settled his claim against the tortfeasor, Julio Pace, without the written consent of the petitioner.

Ordered that the cross appeal is dismissed, as the petitioner is not aggrieved…

2Cases cited3 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Brasco v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Farmers Insurance Exchange Los Angeles California v. Estate of Wesley KnipplerAppellate Division of the Supreme Court of the State of New York · 2001

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