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MATTER OF METLIFE AUTO & HOME v. AGUDELO

8 A.D.3d 571 (2004)

780 N.Y.S.2d 21

In the Matter of METLIFE AUTO & HOME, Appellant, v. JEISSON AGUDELO et al., Respondents. GEICO INSURANCE COMPANY et al., Proposed Additional Respondents.

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

June 21, 2004.

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

The respondents Jeisson Agudelo and Nilsa Mirabal (herein-after the injured passengers) were the driver and a passenger, respectively, in a Honda automobile (hereinafter the Honda) which was involved in an accident with a Lincoln automobile (hereinafter the Lincoln) driven by the proposed...

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