MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. ALBINO

2011-05407

91 A.D.3d 870 (2012)

937 N.Y.S.2d 294

2012 NY Slip Op 517

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. JUAN R. ALBINO, Appellant.

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

Decided January 24, 2012.


Ordered that the judgment is affirmed, with costs.

The appellant sought uninsured motorist benefits under a policy of insurance issued by the petitioner for physical injuries he alleged were sustained in a hit-and-run accident. The petitioner commenced this proceeding to permanently stay the arbitration.

Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in, in effect, granting the petitioner leave to amend the petition...

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