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MATTER OF STATE FARM MUT. INS. CO. v. GENAO

210 A.D.2d 340 (1994)

620 N.Y.S.2d 270

In the Matter of State Farm Mutual Insurance Company, Appellant, v. Carlos M. Genao, Respondent

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

December 12, 1994

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

It is undisputed that the respondent failed to report the hit-and-run accident to the police. The Supreme Court therefore erred in dismissing the petition to stay arbitration (see, Matter of United States Fire Ins. Co. v Williams, 166 A.D.2d 538

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