INS. CO. OF N. AM. v. KAPLUN


274 A.D.2d 293 (2000)

713 N.Y.S.2d 214

In the Matter of INSURANCE COMPANY OF NORTH AMERICA, Respondent, v. LENNY KAPLUN, Appellant.

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

September 18, 2000.


Attorney(s) appearing for the Case

Solomon Rosengarten, Brooklyn, for appellant.

Ahmuty, Demers & McManus, Albertson (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for respondent.

THOMPSON, S. MILLER and H. MILLER, JJ., concur.


OPINION OF THE COURT

O'BRIEN, J. P.

The issue raised in this appeal is whether the Supreme Court properly stayed arbitration of a claim for uninsured motorist benefits where the claimant participated in a fraudulent scheme to obtain the insurance policy. Although the Supreme Court erred in determining that the policy was void ab initio, we conclude that the stay was nevertheless properly granted....

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