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IN THE MATTER OF COREGIS INSURANCE COMPANY v. McQUADE

7 A.D.3d 794 (2004)

779 N.Y.S.2d 497

In the Matter of COREGIS INSURANCE COMPANY, Appellant, v. KEVIN A. McQUADE et al., Respondents.

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

May 24, 2004.

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

On July 19, 2002, the respondent Kevin A. McQuade, a sanitation worker, was injured when he was hit by an underinsured vehicle while waiting near the curb for his sanitation truck to return and pick up the residential garbage he had collected. The Supreme Court determined that at the time of the...

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