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McHALE v. ANTHONY

70 A.D.3d 466 (2010)

895 N.Y.S.2d 47

ROBERT McHALE et al., Respondents, v. MICHAEL K. ANTHONY et al., Appellants, et al., Defendant.

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

Decided February 11, 2010.

We reject Empire's argument that the McHales's election of arbitration to resolve their claim for uninsured motorist benefits as against their insurer, Liberty, and the ultimate settlement of that claim, preclude their maintenance of this action against the alleged tortfeasors. Roggio v Nationwide Mut. Ins. Co. (66 N.Y.2d 260 [1985]), relied on by Empire, held only that the denial of medical benefits in an arbitration award precluded...

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