CASTRO v. CITY OF NEW YORK


305 A.D.2d 129 (2003)

757 N.Y.S.2d 752

JOANNE CASTRO et al., Respondents, v. CITY OF NEW YORK, Defendant, and DAMARIS FERNANDEZ et al., Appellants.

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

Decided May 1, 2003.


Defendants, whose defense was taken over by the New Jersey Property-Liability Insurance Guaranty Association after their New Jersey insurer went into liquidation, argue that under New Jersey Statutes Annotated § 17:30A-12 (b) the instant action must be stayed until plaintiffs have exhausted their rights under the uninsured motorist provision of plaintiff vehicle owner's policy. As plaintiffs's responding brief represents that an uninsured motorist arbitration has taken...

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