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Matter of Transportation Ins. Co. v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 392 (N.Y. App. Div. 1998)

Opinion

March 2, 1998

Appeal from the Supreme Court, Orange County (Slobod, J.).


Ordered that the order is affirmed, with costs.

The burden of justifying a stay of arbitration is on the party seeking the stay (see, Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d 436). We find that the respondent Michael E. Phillips was struck by an unidentified motor vehicle during the incident in question. Thus, the petitioner failed to meet its burden, and the petition to stay arbitration was properly denied.

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Matter of Transportation Ins. Co. v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 392 (N.Y. App. Div. 1998)
Case details for

Matter of Transportation Ins. Co. v. Phillips

Case Details

Full title:In the Matter of TRANSPORTATION INSURANCE COMPANY, Appellant, v. MICHAEL…

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

Date published: Mar 2, 1998

Citations

248 A.D.2d 392 (N.Y. App. Div. 1998)
669 N.Y.S.2d 860