IN THE MATTER OF AMERICAN COUNTRY INSURANCE COMPANY v. KABIR


10 A.D.3d 656 (2004)

781 N.Y.S.2d 614

In the Matter of AMERICAN COUNTRY INSURANCE COMPANY, Respondent, v. SYED KABIR, Appellant, and LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

September 13, 2004.


In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Queens County (Taylor, J.), dated January 31, 2003, which granted the petition and permanently stayed arbitration.

Ordered that the order is reversed, on the law, with costs payable by the petitioner-respondent, the petition is denied, and the proceeding is dismissed.

Contrary to the conclusion of the...

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