Matter of Firemen's Ins. of Newark v. Hopkins

Full title: In the Matter of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY…

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

Date published: Nov 17, 1997

244 A.D.2d 485 (N.Y. App. Div. 1997)

665 N.Y.S.2d 911

Opinion

November 17, 1997

Appeal from the Supreme Court, Nassau County (O'Connell, J.).

Ordered that the order is affirmed, with costs.

In a prior decision and order of this Court, we directed the parties to proceed to arbitration of the respondent's uninsured motorist claim ( see, Matter of Firemen's Fund Ins. Co. of Newark v. Hopkins, 209 A.D.2d 518, affd 88 N.Y.2d 836). That decision and order was res judicata as to any claims which were raised or could have been raised in that proceeding ( see, e.g., Finkelstein v. Ilan, 239 A.D.2d 545).

Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.