Legal Opinion
Westchester Fire Insurane v. Bergenn
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1990PublishedCited by 5 opinions
1Opinion of the Court
In a proceed*769ing pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Robbins, J.), dated February 22, 1989, which granted a temporary stay of arbitration pending trial.
Ordered that the order is affirmed, with costs.
In the context of this timely commenced proceeding to stay arbitration of an uninsured motorist claim, the insurer raised an issue of fact as to whether there was actual contact with a hit-and-run vehicle. Thus, the Supreme Court properly stayed the arbitration pending a trial on that issue…
2Cases cited3 opinions
- Royal Globe Insurance v. SmithAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Arbitration between Country-Wide Insurance & IhneAppellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of MottaAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by5 opinions
- Allstate Insurance v. TauszikAppellate Division of the Supreme Court of the State of New York · 1991
- Bisignano v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Government Employees Insurance v. Estate of SosnovAppellate Division of the Supreme Court of the State of New York · 2000
- Allstate Insurance v. KopitoAppellate Division of the Supreme Court of the State of New York · 1994
- Eveready Insurance v. SalasAppellate Division of the Supreme Court of the State of New York · 1991