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MATTER OF GOV'T EMPLOYEES INS. CO. v. DePIETTO

226 A.D.2d 723 (1996)

641 N.Y.S.2d 403

In the Matter of Government Employees Insurance Company, Appellant, v. Pellegrino DePietto, Respondent

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

April 29, 1996

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing in accordance herewith and a new determination; and it is further,

Ordered that the arbitration is temporarily stayed pending the hearing and new determination.

When, as here, the arbitration clause of the insurance policy limits arbitration to essentially two questions — the right to recover from the alleged tortfeasor...

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