Legal Opinion
State Farm Insurance v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1998PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 for a temporary stay of arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Bucaria, J.), entered December 23, 1997, which granted the petition.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.
The record indicates that the petitioner had ample time to seek discovery of the respondent as provided for in the underly*387ing insurance policy, and that its failure to do so was unjustified. Thus, the petitioner should not have been…
2Cases cited5 opinions
- Allstate Insurance v. UrenaAppellate Division of the Supreme Court of the State of New York · 1994
- Allstate Insurance v. FaulkAppellate Division of the Supreme Court of the State of New York · 1998
- Metropolitan Property & Casualty Insurance v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1997
- Liberty Mutual Insurance v. DeCaroAppellate Division of the Supreme Court of the State of New York · 1997
- Allstate Insurance v. GarciaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- In re the Arbitration Between Connecticut Indemnity Insurance & LaperlaAppellate Division of the Supreme Court of the State of New York · 2005
- Interboro Mutual Indemnity Insurance v. PardonAppellate Division of the Supreme Court of the State of New York · 2000