Legal Opinion
In re the Arbitration between Progressive Insurance Companies & Nemitz
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2007PublishedCited by 10 opinions
1Opinion of the Court
Cardona, EJ.
Appeal from an order of the Supreme Court (Dowd, J.), entered April 19, 2006 in Otsego County, which granted petitioner’s application pursuant to CPLR 7503 to permanently stay arbitration between the parties.
On October 10, 2004, Nicolas Feil, the owner and operator of an all-terrain vehicle (hereinafter ATV), failed to negotiate a turn while riding on a public road in the Town of Rosebloom, Otsego County. Feil drove into a ditch and the ATV overturned, causing his passenger, respondent, to sustain injuries. Feil did not carry insurance on the ATV and, consequently, respondent…
2Cases cited5 opinions
- Lavanant v. General Accident Insurance Co. of AmericaNew York Court of Appeals · 1992
- Pepper v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- State Farm Mutual Automobile Insurance v. GlinbizziAppellate Division of the Supreme Court of the State of New York · 2004
- Travelers Indemnity Co. v. Commerce & Industry InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Fulmont Mutual Insurance v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by10 opinions
- City of Elmira v. Selective InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Progressive Casualty Insurance Co. v. SkinAlaska Supreme Court · 2009
- Progressive Northeastern Insurance v. ScalamandreAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Kent Waterfront Assoc., LLC v. National Union Fire Ins. Co. of Pittsburgh, Pa.Appellate Division of the Supreme Court of the State of New York · 2023
- Pichel v. Dryden Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
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