Legal Opinion
Nationwide Mutual Insurance v. Carlini
New York Supreme Court
Decided April 25, 2006Published
1Opinion of the Court
OPINION OF THE COURT
Daniel Palmieri, J.
This (the fourth in this case) application to vacate pursuant to CPLR 5015 this court’s decision and order dated January 13, 2006 is denied.
Although this application cannot be granted for want of an excuse for the default, it has nonetheless pointed out the difficulties that face the courts in deciding how bankruptcy affects the status of the allegedly offending vehicle in uninsured/ underinsured motorist arbitration. In the present case, the matter is further complicated by the fact that the accident did not take place in New York.
Respondents, who owned…
2Cases cited17 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- New Amsterdam Casualty Co. v. SteckerNew York Court of Appeals · 1957
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Incorporated Village of Hempstead v. JablonskyAppellate Division of the Supreme Court of the State of New York · 2001
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