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MATTER OF TRAVELERS INDEMNITY COMPANY v. MOHAMMED

14 A.D.3d 710 (2005)

788 N.Y.S.2d 615

In the Matter of TRAVELERS INDEMNITY COMPANY, Respondent, v. SAFIE MOHAMMED et al., Respondents, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Appellants.

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

January 31, 2005.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a new hearing before a different justice on the issues raised in the petition.

The cumulative effect of the Supreme Court's conduct at the hearing upon the petition to permanently stay an uninsured motorist arbitration pursuant to CPLR 7503 (b) was to deprive the appellants, State Farm Automobile Insurance Company and...

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