MATTER OF TRAVELERS HOME & MAR. INS. CO. v. KANNER

2012-02625.

103 A.D.3d 736 (2013)

962 N.Y.S.2d 153

2013 NY Slip Op 927

In the Matter of TRAVELERS HOME AND MARINE INSURANCE COMPANY, Appellant, v. SAMANTHA KANNER, Respondent.

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

February 13, 2013.


In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Westchester County (Smith, J.), entered January 23, 2012, which denied the petition.

Ordered that the order is reversed, on the law, with costs, and the petition is granted.

On September 24, 2010, Samantha Kanner commenced an action to recover damages for personal injuries against...

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