MATTER OF UNITRIN AUTO & HOME INS. CO. v. GELBSTEIN

2012-04756, Index No. 20300/11.

109 A.D.3d 663 (2013)

970 N.Y.S.2d 812

2013 NY Slip Op 5749

In the Matter of UNITRIN AUTO AND HOME INSURANCE COMPANY, Appellant, v. DINA GELBSTEIN, Respondent.

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

Decided August 28, 2013.


In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Solomon, J.), entered April 24, 2012, which denied the petition.

Ordered that the order is reversed, on the law, with costs, and the petition to permanently stay arbitration is granted.

When a policyholder purchases supplemental uninsured/ underinsured motorist...

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