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MATTER OF METRO. PROP. & LIAB. INS. CO. v. LEE

199 A.D.2d 322 (1993)

605 N.Y.S.2d 955

In the Matter of Metropolitan Property and Liability Insurance Company, Appellant, v. Tu Shang Lee et al., Respondents

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

December 13, 1993

Ordered that the order is affirmed, with one bill of costs to the respondents Hartford Accident and Indemnity Insurance Company and Country-Wide Insurance Company, appearing separately and filing separate briefs.

We agree with the Supreme Court that Country-Wide Insurance Company presented sufficient evidence to rebut the petitioner's prima facie showing that the offending vehicle was insured by it at the time of the accident. Accordingly, the petition to stay arbitration...

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