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MATTER OF CONTINENTAL INSURANCE COMPANY v. BIONDO

50 A.D.3d 1034 (2008)

857 N.Y.S.2d 588

In the Matter of CONTINENTAL INSURANCE COMPANY, Respondent, v. MARY BIONDO et al., Respondents, and ZURICH AMERICAN INSURANCE COMPANY, Appellant.

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

Decided April 22, 2008.

Ordered that the judgment is reversed, on the law and the facts, with costs payable to the appellant by the petitioner, the petition is denied, and the proceeding is dismissed.

A petitioner seeking to permanently stay the arbitration of an uninsured motorist claim may make a prima facie case by producing the police accident report containing the vehicle's insurance code (see Matter of Eagle Ins. Co. v Rodriguez, 15 A.D.3d 399

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