Legal Opinion

New York Central Mutual Fire Insurance v. Melay

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

Decided April 3, 2000Published

1Opinion of the Court

—In a proceeding to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Orange County (Slobod, J.), dated November 17, 1998, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The appellant failed to give notice of his uninsured motorist claim as soon as practicable (see, Mighty Midgets v Centennial Ins. Co., 47 NY2d 12; Matter of Eagle Ins. Co. v Bernardine, 266 AD2d 543; Matter of Utica Mut. Ins. Co. v Lowry, 208 AD2d 636). Joy, J. P., Altman, Goldstein and H. Miller, JJ.,…

2Cases cited3 opinions

  1. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  2. Eagle Insurance v. BernardineAppellate Division of the Supreme Court of the State of New York · 1999
  3. Utica Mutual Insurance v. LowryAppellate Division of the Supreme Court of the State of New York · 1994

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