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MATTER OF AMERICAN PROTECTION INSURANCE COMPANY v. DeFALCO

61 A.D.3d 970 (2009)

877 N.Y.S.2d 450

In the Matter of AMERICAN PROTECTION INSURANCE COMPANY, Appellant, v. JOHN DeFALCO, Respondent.

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

Decided April 28, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to temporarily stay arbitration of the claim for underinsured motorist benefits pending a framed-issue hearing is granted, and the matter is remitted to the Supreme Court, Nassau County, for a framed-issue hearing in accordance herewith, and for a new determination thereafter on that branch of the petition which was to permanently stay arbitration.

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