From Casetext: Smarter Legal Research

Matter of Allstate Insurance Co. v. Roseboro

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 379 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

Appeal from the Supreme Court, Nassau County (Ain, J.).


Ordered that the appeal from the order dated December 19, 1996, is dismissed, as that order was superseded by the order dated July 1, 1997, made upon reargument; and it is further,

Ordered that the order dated July 1, 1997, is reversed insofar as reviewed, on the law, the order dated December 19, 1996, is vacated, the petition is granted, and arbitration is stayed; and it is further,

Ordered that the appellant is awarded one bill of costs.

A party cannot be compelled to submit to arbitration absent an agreement expressly encompassing the subject matter of the dispute ( see, Matter of American Centennial Ins. Co. v. Williams, 233 A.D.2d 320; Matter of Trump [Refco Props.], 194 A.D.2d 70, 74). The respondent Michele Roseboro, as the party seeking arbitration, carried the burden of establishing the existence of a valid agreement to arbitrate the claim in question ( see, Matter of American Centennial Ins. Co. v. Williams, supra). The only insurance policy included in the record does not contain an agreement to arbitrate uninsured motorist claims. Because the appellant sought to stay arbitration permanently on the ground, among other things, that no arbitration agreement existed, the proceeding was not untimely ( see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264; Matter of American Centennial Ins. Co. v. Williams, supra; Matter of Allstate Ins. Co. [Richards], 178 A.D.2d 142).

Rosenblatt, J. P., Miller, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Allstate Insurance Co. v. Roseboro

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 379 (N.Y. App. Div. 1998)
Case details for

Matter of Allstate Insurance Co. v. Roseboro

Case Details

Full title:In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. MICHELE…

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

Date published: Feb 2, 1998

Citations

247 A.D.2d 379 (N.Y. App. Div. 1998)
667 N.Y.S.2d 914

Citing Cases

Whitelock v. Morgan Stanley Smith Barney, LLC

ORDERED that the order is affirmed, with costs. “[I]n the commercial context generally, the rule is clear…

Whitelock v. Morgan Stanley Smith Barney

"[I]n the commercial context generally, the rule is clear that unless the agreement to arbitrate expressly…