MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY v. SCHRAF


283 A.D.2d 646 (2001)

725 N.Y.S.2d 868

In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant, v. MALKA SCHRAF, Respondent, and ALLCITY INSURANCE COMPANY et al., Respondents.

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

Decided May 29, 2001.


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

The Supreme Court properly granted the motion of the respondent Malka Schraf for leave to reargue and, upon reargument, inter alia, vacated its prior order permanently staying arbitration and referred the matter to a referee to determine the insurance status of the offending vehicle. The Supreme Court correctly found that Schraf's letters dated January 5, 1996, and March 13, 1996, provided...

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