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IN THE MATTER OF ESURANCE CO. v. BIRIKORANG

16751/07.

2008 NY Slip Op 51508 (U)

IN THE MATTER OF THE APPLICATION OF ESURANCE COMPANY, Petitioner, v. EVA BIRIKORANG, CHRISINE MORALES, ALLSTATE INDEMNITY COMPANY and CHRISTOPHER GAY, Respondents.

Supreme Court of the State of New York, Bronx County.

Decided July 18, 2008.

Attorney(s) appearing for the Case

Attorney for petitioner: Michael Jones, Esq. of Martin, Fallon & Mulle.

Attorney for respondent Allstate Indemnity Company: Carol M. Wickham, Esq. of Koors and Jednak.

ALEXANDER W. HUNTER, J.

Petitioner moved for an order pursuant to C.P.L.R. §7503(c) staying arbitration and scheduling an evidentiary hearing to determine if this is a valid uninsured motorist claim. Moreover, if the court determined that this was a valid uninsured motorist claim, petitioner requested an order directing the respondents to submit to a deposition and physical examinations and to provide requested authorizations. This court issued an order dated...

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