MATTER OF AIU INSURANCE COMPANY v. HIBBERT

2010-06365.

85 A.D.3d 779 (2011)

924 N.Y.S.2d 565

2011 NY Slip Op 5054

In the Matter of AIU INSURANCE COMPANY, Appellant, v. DELROY HIBBERT et al., Respondents.

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

Decided June 7, 2011.


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 granted.

On January 31, 2004, the respondents were involved in an automobile accident when the vehicle in which they were traveling was struck in the rear by a motor vehicle, which was propelled into the respondents' vehicle by a vehicle insured by nonparty Travelers Insurance Company (hereinafter Travelers...

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