MATTER OF EVEREADY INSURANCE COMPANY v. MACK


15 A.D.3d 400 (2005)

790 N.Y.S.2d 48

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. GRETA MACK, Respondent. GENERAL ASSURANCE COMPANY, Proposed Additional Respondent.

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

February 7, 2005.


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

On March 28, 2002, the respondent, Greta Mack, was involved in an automobile accident with a vehicle owned by Diogenes Nunez and operated by Israel Serrano (hereinafter the Nunez vehicle). At the time of the accident, Mack's vehicle was insured by the petitioner Eveready Insurance Company (hereinafter Eveready). The Nunez vehicle was insured by the proposed...

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