Appellate Division of the Supreme Court of New York, 1999

In re the Arbitration between General Accident Insurance & Malinsky

In re the Arbitration between General Accident Insurance & Malinsky
Appellate Division of the Supreme Court of New York · Decided December 9, 1999
267 A.D.2d 65; 699 N.Y.S.2d 678; 1999 N.Y. App. Div. LEXIS 12648
In re the Arbitration between General Accident Insurance & Malinsky

Opinion of the Court

—Order, Supreme Court, New York County (William McCooe, J.), entered on or about December 4, 1998, which granted the petition for a permanent stay of the arbitration of the subject uninsured motorist claim, unanimously reversed, on the law and the facts, without costs, the petition denied and the proceeding dismissed. Appeal from order, same court and Justice, entered April 7, 1999, which, insofar as appealable, denied respondents’ motion for renewal, unanimously dismissed, without costs, as academic in light of the foregoing.

The petition to stay arbitration should have been denied since the insured sufficiently complied with the contractual provisions of the uninsured motorist endorsement. Concur— Ellerin, P. J., Nardelli, Williams, Rubin and Andrias, JJ.

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