Eagle Insurance v. Brown
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from (1) an order of the Supreme Court, Westchester County (Nastasi, J.), entered September 20, 2002, which denied the petition and dismissed the proceeding, and (2) an order of the same court dated December 11, 2002, which denied its motion for leave to reargue or renew the prior motion.
Ordered that the order entered September 20, 2002, is reversed, on the law, without costs or disbursements, the petition is granted, and arbitration is permanently stayed; and it is further,
Ordered that the appeal from so much of the order dated December 11, 2002, as denied that branch of the defendant’s motion which was for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue, and the appeal from so much of the order dated December 11, 2002, as denied that branch of the motion which was for leave to renew is dismissed as academic, without costs or disbursements, in light of our determination on the appeal from the order dated September 20, 2002.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.