Appellate Division of the Supreme Court of New York, 2003

Government Employees Insurance v. Rosenfarb

Appellate Division of the Supreme Court of New York · Decided June 23, 2003

306 A.D.2d 478; 761 N.Y.S.2d 512

Cases that cite this one

4 later published cases cite this decision.

Matter of Government Empls. Ins. Co. v. Vargas (New York Supreme Court, Kings County 2025)
Progressive Northern Insurance v. Foss (Appellate Division of the Supreme Court of New York 2012)
Progressive Northern Insurance v. Foss (Appellate Division of the Supreme Court of New York 2012)
State-Wide Insurance v. Womble (Appellate Division of the Supreme Court of New York 2006)

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 for a temporary stay of arbitration of an underinsured motor vehicle claim, Nirit Rosenfarb appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated April 11, 2002, which, in effect, granted the petition.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the petition for a temporary stay of arbitration. The *479record indicates that the insurance carrier had ample time to seek discovery of the insured, Nirit Rosenfarb, as provided for in the underlying insurance policy, but that it unjustifiably failed to do so in that time (see Matter of lnterboro Mut. Indent. Ins. Co. v Noel, 265 AD2d 557 [1999]; Matter of Liberty Mut. Ins. Co. v DeCaro, 244 AD2d 487 [1997]). Ritter, J.P., Feuerstein, McGinity, Townes and Cozier, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.