Legal Opinion

American Independent Insurance v. Art of Healing Medicine, P.C.

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

Decided March 13, 2013Published

1Opinion of the Court

In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of claims for no-fault insurance benefits, the appeal is from an order of the Supreme Court, Queens County (Strauss, J.), entered October 4, 2011, which granted the petition to permanently stay arbitration, and dismissed the appellants’ counterclaims.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the petition to permanently stay arbitration, and substituting therefor a provision denying the petition; as so modified, the order is affirmed, with costs to the appellants.

American…

2Cases cited9 opinions

  1. Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
  2. City of New York v. Uniformed Fire Officers Ass'nNew York Court of Appeals · 2000
  3. Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985
  4. Lynch v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2003
  5. Eagle Insurance v. Gutierrez-GuzmanAppellate Division of the Supreme Court of the State of New York · 2005

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