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IN THE MATTER OF ALLSTATE INSURANCE COMPANY v. ALBINO

16 A.D.3d 682 (2005)

792 N.Y.S.2d 518

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. FAUSTINO ALBINO et al., Respondents.

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

March 28, 2005.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, and the matter is remitted to the Supreme Court, Queens County, for a new hearing in accordance herewith before a different justice; and it is further,

Ordered that pending the determination of the petition, the arbitration is stayed.

According to a police accident report, the alleged hit-and-run accident in which the respondents allegedly were injured occurred

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