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EMPIRE INS. CO. v. HILLIARD

184 Misc.2d 821 (2000)

707 N.Y.S.2d 311

In the Matter of EMPIRE INSURANCE COMPANY/ALLCITY INSURANCE COMPANY, Petitioner, v. SELAMAWIT A. HILLIARD et al., Respondents.

Supreme Court, Westchester County.

April 13, 2000.

Attorney(s) appearing for the Case

Mark D. Orloff, P. C., Goshen, for petitioner.

Sullivan Papain Block McGrath & Cannavo, P. C., New York City, for respondents.

OPINION OF THE COURT

JOAN B. LEFKOWITZ, J.

This application to stay arbitration presents an apparent novel question: Can covered persons recover first-party benefits under no-fault automobile liability insurance when a tree fell on the motor vehicle causing the injuries?1

On June 24, 1998, the respondents occupants of the motor vehicle, husband and wife, were driving on a...

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