MATTER OF LEGION INSURANCE COMPANY v. ESTEVEZ


281 A.D.2d 420 (2001)

721 N.Y.S.2d 273

In the Matter of LEGION INSURANCE COMPANY, Respondent, v. JOSE ESTEVEZ, Appellant.

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

Decided March 5, 2001.


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the petition of Legion Insurance Company (hereinafter Legion) for a permanent stay of arbitration on the ground that the appellant failed, within 90 days of the accident, to file a statement under oath that he has a cause of action arising out of an accident with a "hit-and-run vehicle," a condition precedent to coverage under the uninsured motorists endorsement...

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