1. Home
  2. Browse Decisions
  3. NY
  4. 2008 NY
  5. 2008 NY Slip Op 06296
 

IN THE MATTER OF HERTZ CLAIM MGT. CORP. v. KULAKOWICH

2007-08012.

2008 NY Slip Op 06296

IN THE MATTER OF HERTZ CLAIM MANAGEMENT CORPORATION, petitioner-respondent, v. ANDREW P. KULAKOWICH, appellant, METROPOLITAN LIFE INSURANCE COMPANY, D/B/A METLIFE AUTO & HOME, proposed additional respondent.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Law Offices of James J. Killerlane, P.C. (Jeffrey Samel & Partners, New York, N.Y. [David Samel] of counsel), for appellant.

George F. Sacco, Staten Island, N.Y., for petitioner-respondent.

Boeggeman, George & Corde, P.C., White Plains, N.Y. (Eugene N. Neporanny and Cynthia Dolan of counsel), for proposed additional respondent.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the petition which was to permanently stay arbitration is denied.

The Supreme Court erred in granting the petitioner a permanent stay of arbitration on the ground that its insured failed to exhaust the policy limits of the operator of the offending vehicle (see S'Dao v. National Grange Mut. Ins. Co., 87 N.Y...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases