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CACCIATORE v. NY CENT. FIRE

301 A.D.2d 253 (2002)

750 N.Y.S.2d 712

JANINE L. CACCIATORE et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY et al., Appellants.

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

November 15, 2002.

Attorney(s) appearing for the Case

Brown & Kelly, LLP, Buffalo (Joseph M. Schnitter of counsel), for New York Central Mutual Fire Insurance Company, appellant.

Roe, Shantz & Iacono, Buffalo (Michael A. Iacono of counsel), for Hanover Insurance Company, appellant.

Walsh, Roberts & Grace, Buffalo (Mark P. Della Posta of counsel), for respondents.

PINE, WISNER, KEHOE and GORSKI, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

The single issue on these appeals is whether Supreme Court erred in denying defendants' cross motions to dismiss the action to recover supplementary uninsured motorist (SUM) benefits based upon lack of jurisdiction and to compel plaintiffs to submit the matter to arbitration. Whether arbitration is mandatory when there is a conflict between an insured and an insurer...

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