Legal Opinion
In re Nationwide Mutual Insurance v. McMillan
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, James McMillan appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), entered November 16, 2000, which granted the petition.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the petition to permanently stay arbitration. It was within the Supreme Court’s discretion to consider the appellant’s admission contained in the police accident report and hospital records and to weigh it accordingly (see, Matter of Rhodes, 203 AD2d 46;…
2Cases cited6 opinions
- Chemical Leaman Tank Lines, Inc. v. StevensAppellate Division of the Supreme Court of the State of New York · 1964
- Barzaghi v. Maislin TransportAppellate Division of the Supreme Court of the State of New York · 1985
- Turner v. SpaideAppellate Division of the Supreme Court of the State of New York · 1985
- State Farm Mutual Automobile Insurance v. BermudezAppellate Division of the Supreme Court of the State of New York · 1985
- In re RhodesAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by2 opinions
- Kemenyash v. McGoeyAppellate Division of the Supreme Court of the State of New York · 2003
- Vaden v. RoseAppellate Division of the Supreme Court of the State of New York · 2004