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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. NICOLETTI

11 A.D.3d 702 (2004)

784 N.Y.S.2d 128

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. DEBORAH NICOLETTI, Respondent, et al., Respondents.

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

October 25, 2004.

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

Whether a person is a "resident" of an insured's "household" requires "something more than temporary or physical presence and requires at least some degree of permanence and intention to remain" (New York Cent. Mut. Fire Ins. Co. v Kowalski, 195 A.D.2d 940, 941 [1993]; see Matter...

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