Legal Opinion

American Protection Insurance v. DeFalco

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

Decided April 28, 2009PublishedCited by 5 opinions

1Opinion of the Court

*971In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Martin, J.), entered October 1, 2008, as denied its petition to permanently stay arbitration or, in the alternative, to temporarily stay arbitration pending a framed-issue hearing on the issue of coverage under the subject insurance policy.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition…

2Cases cited8 opinions

  1. Allstate Insurance v. MassreAppellate Division of the Supreme Court of the State of New York · 2005
  2. Eagle Insurance v. VieraAppellate Division of the Supreme Court of the State of New York · 1997
  3. State Farm Mutual Automobile Insurance v. LanganAppellate Division of the Supreme Court of the State of New York · 2008
  4. Eagle Insurance v. LuciaAppellate Division of the Supreme Court of the State of New York · 2006
  5. In re the Arbitration between Country-Wide Insurance & LawAppellate Division of the Supreme Court of the State of New York · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. AutoOne Insurance v. UmanzorAppellate Division of the Supreme Court of the State of New York · 2010
  2. Eveready Insurance v. VilmondAppellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Global Liberty Ins. Co. v. EveillardAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Liberty Mut. Ins. Co. v. McCormackAppellate Division of the Supreme Court of the State of New York · 2025
  5. Matter of Progressive Dr. Ins. v. MaloneAppellate Division of the Supreme Court of the State of New York · 2024

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