Gov't Emps. Ins. Co. v. Charris

1 Citing case

  1. Country-Wide Ins. Co. v. Hills

    218 A.D.3d 678 (N.Y. App. Div. 2023)

    Contrary to the appellants' contention, the Supreme Court's denial of that branch of their motion which was for a framed-issue hearing was consistent with the terms of this Court's remittitur in this matter, as this Court did not remit the matter for a framed-issue hearing (see Matter of Country-Wide Ins. Co. v Hills, 173 A.D.3d at 862; cf. Matter of Hertz Corp. v Holmes, 106 A.D.3d 1001, 1002). Further, as the petitioner established, prima facie, that the offending vehicle was insured at the time of the accident, and the appellants failed to raise a question of fact as to whether the offending vehicle was insured, the Supreme Court properly granted that branch of the petition which was to permanently stay arbitration (see Matter of Government Empls. Ins. Co. v Charris, 192 A.D.3d 688, 689; Matter of Metropolitan Prop. & Cas. Ins. Co. v Singh, 98 A.D.3d 580, 581). In light of our determination, we do not reach the parties' remaining contentions.