Legal Opinion

Harleysville Insurance v. Rosario

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

Decided April 25, 2005PublishedCited by 28 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Kings County (Bayne, J.), dated May 4, 2004, which granted the petition and permanently stayed arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court granted the petition to permanently stay arbitration of an uninsured motorist claim on the ground that the appellants failed to demonstrate the existence of insurance coverage with the petitioner,…

2Cases cited4 opinions

  1. Dannasch v. BifulcoAppellate Division of the Supreme Court of the State of New York · 1992
  2. Balcerak v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1999
  3. Johnston v. Continental Broker-Dealer Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Tobias v. ManginelliAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by28 opinions

  1. Wells Fargo Bank, N.A. v. MarchioneAppellate Division of the Supreme Court of the State of New York · 2009
  2. Central Mortgage Co. v. JahnsenAppellate Division of the Supreme Court of the State of New York · 2017
  3. Allstate Insurance v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2008
  4. Ditech Fin., LLC v. ConnorsAppellate Division of the Supreme Court of the State of New York · 2022
  5. Canaan v. Costco Wholesale Membership, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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