Atlantic Mutual Insurance v. Cooper

Order and judgment, Supreme Court, New York County (Ronald Zweibel, J.), both entered July 16, 1997, which denied petitioner’s application to stay arbitration of respondent’s uninsured motorist claim, and directed the parties to proceed to arbitration, unanimously affirmed, with costs.

Petitioner’s claim that respondent did not obtain its consent before releasing the owner and driver of the offending vehicle, and thereby failed to comply with a condition precedent to arbitration, is refuted by the letter, sent certified mail, return receipt requested, from respondent’s attorney to petitioner…