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MTR OF PREFERRED MUT. v. BATH

09-1494

25 Misc.3d 175 (2009)

881 N.Y.S.2d 629

In the Matter of PREFERRED MUTUAL INSURANCE COMPANY, Petitioner, v. VICTORIA L. BATH, Respondent.

Supreme Court, Ulster County.

Decided June 2, 2009.

Attorney(s) appearing for the Case

Grogan & Souto, P.C., Goshen (Edward P. Souto of counsel), for respondent.

Brown & Kelly, LLP, Buffalo (Joseph M. Schnitter of counsel), for petitioner.

OPINION OF THE COURT

HENRY F. ZWACK, J.

This is a special proceeding brought pursuant to CPLR 7503 (c) seeking to stay arbitration of a supplementary uninsured/underinsured motorist (SUM) claim. Respondent was injured on June 1, 2008 when the driver of the car in which she was riding lost control and the vehicle flipped over. The driver was later charged with driving while intoxicated. His insurance carrier settled...

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