Legal Opinion
In Re the Arbitration Between Greenberg & Ryder Truck Rental, Inc.
New York Court of Appeals
Decided December 17, 1987PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
In this no-fault controversy, we must delineate the scope and nature of the judicial function in an "action to adjudicate the dispute de novo” pursuant to Insurance Law § 5106 (c) after the benefits phase of a bifurcated arbitration procedure is completed (see, 11 NYCRR 65.16). The liability phase had been subject to prior narrow judicial review pursuant to CPLR article 75. We hold that the statutory de novo adjudicative role of the courts includes both liability and damages.
Greenberg was allegedly struck and injured by one of Ryder Truck Rental’s (Ryder)…
2Cases cited9 opinions
- Price v. PriceNew York Court of Appeals · 1986
- People v. Mobil Oil Corp.New York Court of Appeals · 1979
- In re the Arbitration between Petrofsky & Allstate InsuranceNew York Court of Appeals · 1981
- Association of Contracting Plumbers of the City of New York, Inc. v. Contracting Plumbers Ass'n of Brooklyn & Queens, Inc.New York Court of Appeals · 1951
- Matter of Board of Street Opening, Etc.New York Court of Appeals · 1892
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3Cited by12 opinions
- Gersten v. American Transit InsuranceNew York Supreme Court · 1994
- General Accident Fire & Life Insurance v. AvlonitisAppellate Division of the Supreme Court of the State of New York · 1989
- Wingham v. StateIndiana Court of Appeals · 2002
- Allstate Insurance v. NalbandianAppellate Division of the Supreme Court of the State of New York · 2011
- Grebow v. City of New YorkNew York Supreme Court · 1997
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