Legal Opinion

New York Central Mutual Fire Insurance v. Julien

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

Decided October 28, 2002PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated November 1, 2001, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether the offending vehicle was insured at the time of the accident, and the arbitration is stayed pending a new determination in…

2Cases cited14 opinions

  1. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974
  2. Headley v. TesslerAppellate Division of the Supreme Court of the State of New York · 1999
  3. Allstate Indemnity Co. v. NelsonAppellate Division of the Supreme Court of the State of New York · 2001
  4. Eagle Insurance v. SadiqAppellate Division of the Supreme Court of the State of New York · 1997
  5. Nationwide Insurance v. SillmanAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by1 opinion

  1. Matter of Nationwide Gen. Ins. Co. v. DiscoloAppellate Division of the Supreme Court of the State of New York · 2025

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