Legal Opinion

General Accident Insurance v. Elbaum

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

Decided February 10, 1997PublishedCited by 3 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, General Accident Insurance Company appeals from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered January 22, 1996, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The respondent, Gloria Elbaum, allegedly was injured when a car in which she was a passenger was involved in a single-vehicle accident after the driver, her husband Ralph Elbaum, fell asleep at the wheel. The car was owned by…

2Cases cited4 opinions

  1. State Farm Mutual Automobile Insurance v. WestlakeNew York Court of Appeals · 1974
  2. Cone v. Nationwide Mutual Fire InsuranceNew York Court of Appeals · 1989
  3. Schwartz v. S. Lipkin & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. Firemen's Insurance Co. of Newark v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. Allstate Insurance v. RobertsAppellate Division of the Supreme Court of the State of New York · 2002
  2. Metropolitan Group Property v. KimAppellate Division of the Supreme Court of the State of New York · 2015
  3. American Manufacturers Mutual Insurance v. BarlowAppellate Division of the Supreme Court of the State of New York · 2005

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