Legal Opinion

Norfolk & Dedham Mutual Fire Insurance v. Meisner

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

Decided January 23, 1978Published

1Opinion of the Court

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Suffolk County, dated May 31, 1977, which denied the application. Order reversed, on the law, with $50 costs and disbursements, and application granted. The issue of "contact” must be resolved before respondent can properly proceed to arbitration (see Matter of Motor Vehicle Acc. Indemnification Corp. [Downey], 11 NY2d 995; Matter of Allstate Ins. Co. v Watts, 45 AD2d 1005). Hopkins, J. P., Shapiro, Hawkins and O’Connor, JJ., concur.

2Cases cited2 opinions

  1. Allstate Insurance v. WattsAppellate Division of the Supreme Court of the State of New York · 1974
  2. In re Arbitration between Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1962