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MATTER OF TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA v. MAYEN

4375, 260083/08.

82 A.D.3d 402 (2011)

917 N.Y.S.2d 854

In the Matter of TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA, Appellant, v. LUIS MAYEN, Respondent.

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

Decided March 1, 2011.

Supreme Court properly denied the request for a permanent stay of arbitration, since petitioner failed to meet its burden of proof that a hit-and-run accident did not occur (Matter of Empire Mut. Ins. Co. [Greaney—National Union Fire Ins. Co. of Pittsburgh], 156 A.D.2d 154, 155 [1989]). The evidence adduced at the hearing, including the testimony of respondent's co-worker who witnessed another vehicle hit respondent's...

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