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MATTER OF GREAT NORTHERN INSURANCE COMPANY v. BALLINGER

303 A.D.2d 503 (2003)

757 N.Y.S.2d 309

In the Matter of GREAT NORTHERN INSURANCE COMPANY, Respondent, v. ALAN BALLINGER et al., Appellants.

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

Decided March 10, 2003.

Ordered that the order is reversed, on the law, with costs, that branch of the petition which was for a temporary stay of arbitration pending a hearing is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether there was any physical contact between the nonparty Howard Druckman's bicycle and an alleged hit-and-run vehicle.

Physical contact is a condition precedent...

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