MATTER OF EAGLE INSURANCE COMPANY v. RODRIGUEZ


15 A.D.3d 399 (2005)

790 N.Y.S.2d 167

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. DANIEL RODRIGUEZ, Respondent. DNA TRANSPORT, INC., et al., Proposed Additional Respondents.

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

February 7, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondent Daniel Rodriguez, the petition is granted, and the arbitration is permanently stayed.

The respondent Daniel Rodriguez was involved in an automobile accident while operating a vehicle insured by the petitioner. He subsequently sought arbitration of a claim for uninsured motorist benefits. The petitioner commenced this proceeding to permanently stay arbitration...

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