MATTER OF LEJBIK v. ALLSTATE INDEMNITY COMPANY


40 A.D.3d 644 (2007)

835 N.Y.S.2d 423

In the Matter of MIRIAM LEJBIK et al., Appellants, v. ALLSTATE INDEMNITY COMPANY et al., Respondents.

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

Decided May 1, 2007.


Ordered that the order is reversed, on the law, with costs, and the petition to compel arbitration is granted.

In 2003 the appellants Miriam Lejbik and Arthur Lejbik (hereinafter the appellants) were riding in a car, which was insured by the respondent Allstate Indemnity Company (hereinafter Allstate), when it was struck in the rear by another vehicle which was uninsured. The appellants served a demand for uninsured motorist arbitration upon Allstate, which thereafter...

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