MATTER OF EAGLE INSURANCE COMPANY v. KAPELEVICH


307 A.D.2d 927 (2003)

762 N.Y.S.2d 896

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. MIKHAIL KAPELEVICH et al., Respondents, and UNLIMITED MOTORS, INC., et al., Additional Respondents.

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

Decided August 4, 2003.


Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

In this case, where the alleged accident occurred on August 4, 1999, the petitioner established a prima facie case that the offending motor vehicle was insured on that date by submitting a portion of the New York State Department of Motor Vehicles Registration Expansion Record, showing that the additional respondent Sentry Select Insurance...

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