Legal Opinion

In Re the Arbitration Between State Farm Insurance & Banyan

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

Decided August 6, 2015No. 519837Published

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Mulvey, J.), entered November 8, 2013 in Tompkins County, which, among other things, denied petitioner’s amended application pursuant to CPLR 7503 to permanently stay arbitration between the parties.

Respondents filed a demand for supplementary uninsured/ underinsured motorist arbitration based on the allegation that a vehicle operated by respondent Victor Banyan had been struck by an unidentified vehicle that left the scene of the accident. Petitioner contested respondents’ claim that the accident was caused by physical contact with the other vehicle…

2Cases cited5 opinions

  1. Commerce & Industry Insurance v. NesterNew York Court of Appeals · 1997
  2. Brothers v. Bunkoff General ContractorsAppellate Division of the Supreme Court of the State of New York · 2002
  3. Karol v. PolsinelloAppellate Division of the Supreme Court of the State of New York · 2015
  4. South Point, Inc. v. RedmanAppellate Division of the Supreme Court of the State of New York · 2012
  5. One Beacon Insurance v. BlochAppellate Division of the Supreme Court of the State of New York · 2002

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