Legal Opinion
American Centennial Insurance v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1996PublishedCited by 15 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of the respondent’s underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Held, J.), dated December 1, 1995, which denied the petition.
Ordered that the order is reversed, on the law, with costs, and the petition is granted.
It is well settled that a party cannot be compelled to submit to arbitration unless the agreement to arbitrate expressly and unequivocally encompasses the subject matter of the particular dispute (see, Bowmer v Bowmer, 50 NY2d 288, 293-294; Matter of Trump [Refco…
2Cases cited4 opinions
- In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
- Bowmer v. BowmerNew York Court of Appeals · 1980
- In re the Arbitration between Trump & Refco Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Marben Realty Co. v. SweeneyAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by15 opinions
- Kutluca v. PQ New York Inc.District Court, S.D. New York · 2017
- Gerling Global Reinsurance Corp. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Cusimano v. Berita Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- General Railway Signal Corp. v. L.K. Comstock & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Allstate Insurance v. RoseboroAppellate Division of the Supreme Court of the State of New York · 1998
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