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Arena v. Home Indemnity Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1969
33 A.D.2d 694 (N.Y. App. Div. 1969)

Opinion

November 17, 1969


In a proceeding by respondent to stay arbitration demanded by appellant under an insurance policy issued by respondent covering appellant for personal injuries caused by an uninsured motorist, the appeal is from an order of the Supreme Court, Nassau County, dated April 22, 1969, which, after a hearing, granted the application. Order reversed, on the law and facts, with $10 costs and disbursements, and application denied. In our opinion, under the facts presented herein, the admissions of respondent's representatives that no liability insurance existed on the motorcycle which allegedly caused the accident out of which the claim arose were sufficient, in the absence of proof to the contrary, to establish that the offending vehicle was uninsured at the time of the accident (cf. Zelanka v. MVAIC, 32 A.D.2d 847); statements against interest, if voluntarily made, are taken to be true and may dispense with the necessity of introducing further proof of the fact admitted, and may require the party making such admissions to introduce cogent and unquestioned proof to overcome their effect (31A C.J.S., Evidence, § 382; cf. New York Connecting R.R. Co. v. Queens Used Auto Parts, 273 App. Div. 908, mot. for rearg. den. 273 App. Div. 973, affd. 298 N.Y. 830). Brennan, Acting P.J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.


Summaries of

Arena v. Home Indemnity Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1969
33 A.D.2d 694 (N.Y. App. Div. 1969)
Case details for

Arena v. Home Indemnity Company

Case Details

Full title:DENNIS F. ARENA, Appellant, v. HOME INDEMNITY COMPANY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1969

Citations

33 A.D.2d 694 (N.Y. App. Div. 1969)

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