Legal Opinion

In re the Arbitration between State Farm Mutual Automobile Insurance & Howell

New York Supreme Court

Decided March 22, 1982PublishedCited by 1 opinion

1Opinion of the Court

opinion of the court

Harold Hyman, J.

Petitioner’s application herein is not a run-of-the-mill proceeding to stay arbitration. To the contrary, it has nuances which create issues out of the ordinary. To clearly draw the issues, the following facts are set forth.

At the outset herein petitioner, State Farm Mutual Automobile Insurance Company, has petitioned the court for an order pursuant to CPLR article 75 staying arbitration and directing that a preliminary hearing be held to determine (1) whether the notice of claim for uninsured motorist coverage was timely; and (2) whether or not there is…

2Cases cited4 opinions

  1. Lochner v. New YorkSupreme Court of the United States · 1905
  2. Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
  3. Glasser v. PriceAppellate Division of the Supreme Court of the State of New York · 1970
  4. In re the Arbitration between State Farm Mutual Automobile Insurance & SantiagoAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by1 opinion

  1. Conlan v. General Motors Corp.New York Supreme Court · 1987

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