Progressive Northeastern Insurance v. Centeno
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*804In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated February 8, 2008, as, after a framed-issue hearing, denied that branch of the petition which was to permanently stay arbitration.
Ordered that the order is affirmed insofar as appealed from, with costs.
The petitioner’s failure to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the accident mandated…
2Cases cited4 opinions
- Eagle Insurance v. BattershieldAppellate Division of the Supreme Court of the State of New York · 1996
- Allstate Insurance v. HollowayAppellate Division of the Supreme Court of the State of New York · 2000
- Eagle Insurance v. McPhersonAppellate Division of the Supreme Court of the State of New York · 2000
- Progressive Northwestern Insurance v. GjonajAppellate Division of the Supreme Court of the State of New York · 2007