Matter of Norfolk Dedham Mut. v. Meisner

Full title: In the Matter of NORFOLK DEDHAM MUTUAL FIRE INS. CO., Appellant, v. JOHN…

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

Date published: Jan 23, 1978

60 A.D.2d 885 (N.Y. App. Div. 1978)

Opinion

January 23, 1978

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Suffolk County, dated May 31, 1977, which denied the application. Order reversed, on the law, with $50 costs and disbursements, and application granted. The issue of "contact" must be resolved before respondent can properly proceed to arbitration (see Matter of Motor Vehicle Acc. Indemnification Corp. [Downey], 11 N.Y.2d 995; Matter of Allstate Ins. Co. v Watts, 45 A.D.2d 1005). Hopkins, J.P., Shapiro, Hawkins and O'Connor, JJ., concur.