Appellate Division of the Supreme Court of New York, 1997

Eagle Insurance v. Viera

Appellate Division of the Supreme Court of New York · Decided February 24, 1997

236 A.D.2d 612; 654 N.Y.S.2d 678; 1997 N.Y. App. Div. LEXIS 1587

Cases that cite this one

8 later published cases cite this decision.

Matter of Liberty Mut. Fire Ins. Co. v. Wilson (New York Supreme Court, Kings County 2025)
AutoOne Insurance v. Umanzor (Appellate Division of the Supreme Court of New York 2010)
Eveready Insurance v. Vilmond (Appellate Division of the Supreme Court of New York 2010)
American Protection Insurance v. DeFalco (Appellate Division of the Supreme Court of New York 2009)
Utica Mutual Insurance v. Colon (Appellate Division of the Supreme Court of New York 2006)
Liberty Mutual Insurance v. Morgan (Appellate Division of the Supreme Court of New York 2004)
Statewide Insurance v. Bradham (Appellate Division of the Supreme Court of New York 2003)
Government Employees Insurance v. Estate of Sosnov (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Luciano Viera and David Viera appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Franco, J.), dated July 31, 1996, as granted the petition.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the petitioner and its insureds Luciano Viera and David Viera are directed to proceed to arbitration.

The party seeking a stay of arbitration has the burden of showing the existence of sufficient evidentiary facts to establish a preliminary issue that would justify the stay (see, Matter of Prudential Prop. & Cas. Ins. Co. v Campbell, 227 AD2d 628; Matter of State-Wide Ins. Co. v Morales, 204 AD2d 336). The petitioner failed to submit any documentary evidence to support its claim that the oifending vehicle was insured on the date of the accident and thus failed to meet its burden. Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.