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  5. 228 A.D.2d 495 (1996)
 

MATTER OF AM. MFRS. MUT. INS. CO. v. LUCENTI

228 A.D.2d 495 (1996)

644 N.Y.S.2d 294

In the Matter of American Manufacturers Mutual Insurance Company, Appellant, v. Diana Lucenti et al., Respondents, and Estate of Eileen Osborne, Respondent

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

June 10, 1996

Ordered that the order is reversed, on the law, with costs, and the petitioner's application to stay arbitration is granted.

The respondent-respondent's decedent, Eileen Osborne, while a passenger in a vehicle owned by John Rak and operated by Angela Rak, was killed when the Rak vehicle collided with an uninsured vehicle. The Rak vehicle was insured by the petitioner, which settled the claim by Osborne's estate (hereinafter the Estate) against its insured for $429...

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