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MATTER OF MERCHANTS PREFERRED INS. CO. v. WALDO

2013-05743, No. 373/13.

125 A.D.3d 864 (2015)

In the Matter of MERCHANTS PREFERRED INS. CO., Respondent, v. ALLISON WALDO, Appellant.

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

Decided February 18, 2015.

Ordered that the order is reversed, on the law, with costs, that branch of the petition which was to temporarily stay arbitration pending a framed-issue hearing is granted, and the matter is remitted to the Supreme Court, Nassau County, for a framed-issue hearing to determine whether there was physical contact between Allison Waldo's vehicle and an alleged "hit-and-run" vehicle, and a new determination thereafter on the remaining branches of the petition.

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