Legal Opinion

Eagle Insurance v. Davis

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

Decided October 31, 2005PublishedCited by 2 opinions

1Opinion of the Court

*847In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Alpert, J.), entered July 29, 2004, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a framed-issue hearing and a new determination of the petition thereafter.

After the respondent filed a demand for arbitration under the supplementary uninsured…

2Cases cited5 opinions

  1. Metro Medical Diagnostics, P.C. v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  2. State Farm Mutual Automobile Insurance v. LaguerreAppellate Division of the Supreme Court of the State of New York · 2003
  3. Allstate Insurance v. MassreAppellate Division of the Supreme Court of the State of New York · 2005
  4. AIU Insurance v. NunezAppellate Division of the Supreme Court of the State of New York · 2005
  5. Government Employees Insurance v. RobbinsAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by2 opinions

  1. V.S. Medical Services, P.C. v. Allstate InsuranceCivil Court of the City of New York · 2006
  2. V.S. Medical Services, P.C. v. Allstate InsuranceAppellate Terms of the Supreme Court of New York · 2009

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