Legal Opinion

In re the Arbitration between Allstate Insurance & Pasternack

New York Supreme Court

Decided September 27, 1983PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Jeffrey G. Stark, J.

This proceeding raises the novel issue of whether an insurance company which has received an arbitration demand pursuant to an uninsured motorist provision in its policy and which has failed to seek a stay of arbitration within the 20-day period set forth in CPLR 7503 (subd [c]) can thereafter seek to stay arbitration when a new arbitration demand is served upon it identical to the first except for the damages claimed. The issue is made difficult by the fact that the petitioning insurance company has demonstrated, without contradiction, that…

2Cases cited14 opinions

Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
In re the Arbitration between Raisler Corp. & New York City Housing AuthorityNew York Court of Appeals · 1973
In re the Arbitration between SmithNew York Court of Appeals · 1971
Aetna Life & Casualty Co. v. StekardisNew York Court of Appeals · 1974
In re the Arbitration between Richard Spychalski & Continental Insurance CompaniesNew York Court of Appeals · 1978

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3Cited by1 opinion

Travelers Indemnity Co. v. FernandezAppellate Division of the Supreme Court of the State of New York · 2008