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MATTER OF ALLSTATE INS. CO. v. AMERICAN TRANSIT INS. CO.

8 A.D.3d 372 (2004)

777 N.Y.S.2d 753

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. AMERICAN TRANSIT INSURANCE COMPANY, Appellant, and RICHARD AINA et al., Respondents. ZACK'S BOILER & MECHANICAL CO. et al., Proposed Additional Respondents.

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

June 7, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Allstate Insurance Company (hereinafter Allstate) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits arising from an accident involving a vehicle insured by Allstate and a vehicle owned by Zack's Boiler & Mechanical Co. (hereinafter Zack's Boiler). The Supreme Court granted...

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