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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. AGUIRRE

7 N.Y.3d 772 (2006)

854 N.E.2d 146

820 N.Y.S.2d 848

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. JORGE AGUIRRE et al., Appellants.

Court of Appeals of New York.

Decided June 13, 2006.

Attorney(s) appearing for the Case

Mitchell Dranow, Mineola, for appellants.

Cullen and Dykman LLP, Brooklyn (Joseph Miller, Jeffrey C. Fegan and Jean-Pierre van Lent of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur in memorandum; Judge R.S. SMITH dissents in an opinion in which Judge READ concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration dismissed.

Jorge Aguirre and Rosa and Amanda Alzate were allegedly injured on August 4, 2002 while sitting in a car owned by F.A. Rodriguez, which was parked on Northern Boulevard in Queens, New York. Their injuries occurred when another car was struck and pushed into the rear bumper of the Rodriguez vehicle by...

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