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INFINITY INS. CO. v. DAILY MED. EQUIPMENT DIST. CENTER, INC.

22560/12.

39 Misc.3d 582 (2013)

964 N.Y.S.2d 401

2013 NY Slip Op 23066

In the Matter of INFINITY INSURANCE COMPANY, Petitioner, v. DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., as Assignee of Derick St. Louis, Respondent.

Supreme Court, Kings County.

March 11, 2013.

Attorney(s) appearing for the Case

Freiberg, Peck & Kang, LLP, Armonk ( Jason T George of counsel), for petitioner. The Geller Law Group, PC., Brooklyn ( Jeffrey Silber of counsel), for respondent.

OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

By order to show cause and petition filed on November 26, 2012, petitioner Infinity Insurance Company sought an order pursuant to CPLR 7503 (b) to temporarily stay an arbitration that was demanded by the respondent, Daily Medical Equipment Distribution Center, Inc., until the court decided Infinity's request for a permanent stay.

Daily Medical has opposed the petition.

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