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In re Phoenix Insurance Company v. Amereno

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 2002
297 A.D.2d 381 (N.Y. App. Div. 2002)

Opinion

2002-00146

Submitted June 12, 2002.

August 26, 2002.

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, Bartolomeo Amereno and Bernice Amereno appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated October 31, 2001, which granted the petition to the extent of staying that arbitration for a period of 90 days during which Bernice Amereno was to submit to an examination under oath and provide certain items demanded within 30 days of service of the order with notice of entry.

Gary E. Rosenberg, P.C., Forest Hills, N.Y., for appellants.

Peter J. Creedon, Melville, N.Y. (Fania Jean of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in temporarily staying the arbitration proceeding and directing the appellants to comply with all outstanding discovery demands (see CPLR 3102[c]; Matter of Allstate Ins. Co. v. Baez, 269 A.D.2d 392; Matter of Peerless Ins. Co. v. McDonough, 269 A.D.2d 398; Hendler Murray v. Lambert, 127 A.D.2d 820).

ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.


Summaries of

In re Phoenix Insurance Company v. Amereno

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 2002
297 A.D.2d 381 (N.Y. App. Div. 2002)
Case details for

In re Phoenix Insurance Company v. Amereno

Case Details

Full title:IN THE MATTER OF PHOENIX INSURANCE COMPANY, a/k/a TRAVELERS INDEMNITY…

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

Date published: Aug 26, 2002

Citations

297 A.D.2d 381 (N.Y. App. Div. 2002)
746 N.Y.S.2d 605