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Allstate Insurance v. Moya

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 309 (N.Y. App. Div. 2001)

Opinion

Submitted October 24, 2001.

November 13, 2001.

In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated February 1, 2001, as directed Rosa Moya and Eleanor Lopez to comply with the petitioner's request for discovery.

Jose R. Mendez, P.C., Rego Park, N.Y., for appellants.

Feeney, Gayoso Fitzpatrick, Hauppauge, New York, N.Y. (Tony A. Gayoso of counsel), for petitioner-respondent.

Before: LAWRENCE J. BRACKEN, P.J., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court properly directed them to comply with the petitioner's discovery requests, since it was entitled to such discovery pursuant to the terms of the insurance policy (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455, 456).

The appellants' remaining contentions are without merit.

BRACKEN, P.J., KRAUSMAN, LUCIANO, SMITH and ADAMS, JJ., concur.


Summaries of

Allstate Insurance v. Moya

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 309 (N.Y. App. Div. 2001)
Case details for

Allstate Insurance v. Moya

Case Details

Full title:IN THE MATTER OF ALLSTATE INSURANCE COMPANY, petitioner-respondent, v…

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

Date published: Nov 13, 2001

Citations

288 A.D.2d 309 (N.Y. App. Div. 2001)
732 N.Y.S.2d 890

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