IN THE MATTER OF CHUBB GROUP OF INSURANCE CARRIERS v. DEPALMA


31 A.D.3d 443 (2006)

818 N.Y.S.2d 541

In the Matter of CHUBB GROUP OF INSURANCE CARRIERS, Petitioner, v. GREGORY DEPALMA et al., Respondents. ATLANTIC MUTUAL COMPANIES, Proposed Additional Respondent; DIMITRIOS KITSIOS et al., Proposed Additional Appellants, et al., Proposed Additional Respondent.

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

July 5, 2006.


Ordered that the order is reversed, on the law and the facts, with costs payable by the proposed additional respondent Atlantic Mutual Companies, the petition is granted, and arbitration is permanently stayed.

This action arises out of an automobile accident that occurred on February 24, 2003 in Yonkers, New York, when a vehicle owned and operated by the appellant Dimitrios Kitsios came into contact with a vehicle operated by the respondent Gregory DePalma, in which...

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