MATTER OF EVEREADY INS. CO. v. DABACH


176 A.D.2d 879 (1991)

In the Matter of Eveready Insurance Company, Appellant, v. Eliyahu Dabach et al., Respondents

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

October 21, 1991


Ordered that the judgment is reversed, on the law, with costs payable by the respondent Zurich Insurance Company, the petition is granted, and arbitration is stayed.

The petitioner's insured was injured in an accident with a vehicle that was owned by a church and operated by Mark A. McIntyre. At the time of the accident, the church's vehicle was insured by the respondent Zurich Insurance Company (hereinafter Zurich), and the parties do not dispute that McIntyre was...

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