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MATTER OF PROGRESSIVE SPECIALTY INS. CO. v. LUBECK

2012-04233, Index No. 29050/10.

111 A.D.3d 947 (2013)

976 N.Y.S.2d 153

2013 NY Slip Op 7976

In the Matter of PROGRESSIVE SPECIALTY INSURANCE COMPANY, Appellant, v. RONI LUBECK, Respondent.

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

Decided November 27, 2013.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Queens County (Rios, J.), dated March 2, 2012, which, upon a decision of the same court dated December 19, 2011, made after a hearing, denied the petition.

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

The respondent, Roni Lubeck, had an automobile...

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