MATTER OF STATE FARM INSURANCE COMPANY v. SMITH


277 A.D.2d 390 (2000)

717 N.Y.S.2d 210

In the Matter of STATE FARM INSURANCE COMPANY, Respondent, v. KATHLEEN SMITH, Appellant.

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

Decided November 20, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, and the petition to stay arbitration is denied.

The appellant, Kathleen Smith, was driving on Route 52 in the Village of Fishkill when she was involved in a collision with a vehicle operated by Christine Wylie. The appellant subsequently commenced a personal injury action against Wylie and the Supreme Court granted her summary judgment on the issue of liability. Thereafter, the appellant voluntarily...

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