MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. ALLEN

2011-08055.

95 A.D.3d 1322 (2012)

944 N.Y.S.2d 761

2012 NY Slip Op 4167

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. EDWARD ALLEN, Respondent. INFINITY AUTO INSURANCE COMPANY, Proposed Respondent-Appellant, et al., Proposed Respondent.

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

Decided May 30, 2012.


Ordered that the order is reversed, on the law, without costs or disbursements, the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether the subject vehicle was being operated without permission of the owner at the time of the accident and, thereafter, for a new determination of the petition, and the arbitration is temporarily stayed pending the hearing and determination.

On August 7, 2010, Edward Allen allegedly was injured...

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