IN THE MATTER OF ALLCITY INSURANCE COMPANY v. RHYMES


29 A.D.3d 787 (2006)

816 N.Y.S.2d 505

In the Matter of ALLCITY INSURANCE COMPANY, Respondent, v. LILLIE RHYMES et al., Appellants. ROSALITA M. COONS et al., Proposed Additional Respondents.

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

May 16, 2006.


Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the parties are directed to proceed to arbitration after the completion of examinations under oath and other requested disclosure.

The appellants, Lillie Rhymes and Hazel Thomas, allegedly were injured when a cab in which they were passengers was struck from the rear by another vehicle. They commenced an action against the owner of the...

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