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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. ALSTON

307 A.D.2d 319 (2003)

762 N.Y.S.2d 522

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. LINDA ALSTON, Respondent, et al., Proposed Additional Respondents.

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

Decided July 21, 2003.

Ordered that the order is reversed, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination as to whether the insurance policy issued by Ohio Casualty of New Jersey, Inc., was in force at the time of the accident; and it is further,

Ordered that arbitration is temporarily stayed pending that hearing and determination; and it is further,

Ordered that one bill of costs is awarded to the petitioner.

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