MATTER OF EVEREADY INSURANCE COMPANY v. SCOTT


1 A.D.3d 436 (2003)

767 N.Y.S.2d 31

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. KAMEASHA L. SCOTT, Respondent, and LEROY LANGHORNE, Respondent.

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

November 10, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was for a permanent stay of the arbitration of Leroy Langhorne is reinstated, the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issues of whether there was physical contact between the insured's vehicle and an alleged hit-and-run vehicle, and the arbitration is stayed pending a new determination in accordance herewith.

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