From Casetext: Smarter Legal Research

In the Mtr. N.Y. v. Reid

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 2006
34 A.D.3d 333 (N.Y. App. Div. 2006)

Opinion

November 16, 2006.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents' uninsured motorist claim, unanimously affirmed, with costs.

Before: Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.


There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay ( cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448).


Summaries of

In the Mtr. N.Y. v. Reid

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 2006
34 A.D.3d 333 (N.Y. App. Div. 2006)
Case details for

In the Mtr. N.Y. v. Reid

Case Details

Full title:In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY…

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

Date published: Nov 16, 2006

Citations

34 A.D.3d 333 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8349
825 N.Y.S.2d 448

Citing Cases

In re Liberty Mutual Insur. Co.

Before: Saxe, J.P., Friedman, Moskowitz, Freedman and Richter, JJ. Supreme Court correctly determined that…

Farmers Insurance/Truck Ins. Exch. v. Terzulli

The petitioner has the initial burden of showing sufficient facts to establish justification for the stay of…