IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANIES v. JACKSON


12 A.D.3d 1142 (2004)

784 N.Y.S.2d 410

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANIES, Appellant, v. WILLIAM JACKSON, JR., Respondent. (Appeal No. 2.)

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

November 19, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following Memorandum: In this proceeding to stay arbitration of an insurance dispute, Supreme Court erred in denying petitioner's request for a jury trial of the issue whether respondent was a resident of the household of his mother and thus covered...

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