From Casetext: Smarter Legal Research

Matter of Peerless Insurance Co. v. McDonough

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 398 (N.Y. App. Div. 2000)

Opinion

Submitted August 17, 1999

February 17, 2000

In a proceeding pursuant to CPLR article 75 to temporarily stay arbitration of an uninsured motorist claim to allow for discovery in aid of arbitration, the appeal is from an order of the Supreme Court, Westchester County (Donovan, J.), dated January 27, 1999, which granted the petition and directed the respondent to comply with all outstanding discovery demands.

Mark Goldfarb, New York, N.Y., for appellant.

Feldman, Kleidman Coffey, LLP, Fishkill, N.Y. (Robert F. Rich, Jr., of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in temporarily staying the arbitration proceeding and directing the respondent to comply with all outstanding discovery demands (see,CPLR 3102 [c]; Matter of Allstate Ins. Co. v. Baez, 269 A.D.2d 392; [decided herewith]; Hendler Murray v. Lambert, 127 A.D.2d 820 ).


Summaries of

Matter of Peerless Insurance Co. v. McDonough

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 398 (N.Y. App. Div. 2000)
Case details for

Matter of Peerless Insurance Co. v. McDonough

Case Details

Full title:IN THE MATTER OF PEERLESS INSURANCE COMPANY, respondent, v. MICHELE…

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

Date published: Feb 17, 2000

Citations

269 A.D.2d 398 (N.Y. App. Div. 2000)
702 N.Y.S.2d 880

Citing Cases

State Farm Mut. Auto. Ins. v. Kissena Med. Imag.

The request for a stay is not made pursuant to CPLR § 7501 and 7503(b), but rather to temporarily abate the…

In re Phoenix Insurance Company v. Amereno

ORDERED that the order is affirmed, with costs. The Supreme Court providently exercised its discretion in…