Matter of State Farm Mutual Ins. Co. v. Genao

Full title: In the Matter of STATE FARM MUTUAL INSURANCE COMPANY, Appellant, v. CARLOS…

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

Date published: Dec 12, 1994

210 A.D.2d 340 (N.Y. App. Div. 1994)

620 N.Y.S.2d 270

Opinion

December 12, 1994

Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

It is undisputed that the respondent failed to report the hit-and-run accident to the police. The Supreme Court therefore erred in dismissing the petition to stay arbitration (see, Matter of United States Fire Ins. Co. v Williams, 166 A.D.2d 538; Matter of Aetna Cas. Sur. Co. v Loy, 108 A.D.2d 709).

We have considered the respondent's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.