MATTER OF HERTZ CLAIM MANAGEMENT CORPORATION v. KULAKOWICH


53 A.D.3d 578 (2008)

862 N.Y.S.2d 93

In the Matter of HERTZ CLAIM MANAGEMENT CORPORATION, Respondent, v. ANDREW P. KULAKOWICH, Appellant, and METROPOLITAN LIFE INSURANCE COMPANY, Doing Business as METLIFE AUTO & HOME, Proposed Additional Respondent.

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

Decided July 15, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the petition which was to permanently stay arbitration is denied.

The Supreme Court erred in granting the petitioner a permanent stay of arbitration on the ground that its insured failed to exhaust the policy limits of the operator of the offending vehicle (see S'Dao v National Grange Mut. Ins. Co., 87 N.Y.2d 853 [1995...

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