MATTER OF NATIONWIDE INSURANCE COMPANY


288 A.D.2d 925 (2001)

732 N.Y.S.2d 822

In the Matter of the Arbitration between NATIONWIDE INSURANCE COMPANY, Respondent, and DAVID J. BELLRENG, Appellant.

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

Decided November 9, 2001.


Order unanimously reversed on the law without costs, petition dismissed and cross petition granted.

Memorandum:

Supreme Court erred in granting the petition seeking a permanent stay of arbitration. Respondent was injured in a hit-and-run accident while spraying water on asbestos as part of his employment. Respondent was using a hose that was stretched across a road, and a taxicab driven by an unidentified driver made contact with the hose, pulling respondent...

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