MATTER OF ALLSTATE INSURANCE COMPANY v. HERNANDEZ


282 A.D.2d 451 (2001)

723 N.Y.S.2d 65

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. LESLIE HERNANDEZ, Respondent. ALBERT C. JONES et al., Additional Respondents; COLONIAL PENN INSURANCE COMPANY, Additional Appellant.

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

Decided April 2, 2001.


Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the parties are directed to proceed to arbitration.

The instant proceeding arises out of an accident involving a bicyclist, the respondent Leslie Hernandez, and a vehicle owned by the additional respondent Elsie C. Daniels, which occurred on July 23, 1996. At the time of the accident Hernandez was covered by a policy of automobile insurance...

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