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MATTER OF ALLSTATE INSURANCE COMPANY v. CAPPADONIA

790 CA 15-02099.

143 A.D.3d 1266 (2016)

2016 NY Slip Op 06584

39 N.Y.S.3d 342

In the Matter of the Arbitration between ALLSTATE INSURANCE COMPANY, Respondent, and MICHAEL J. CAPPADONIA, Appellant.

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

Decided October 7, 2016.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: In this dispute over supplementary uninsured/underinsured motorist (SUM) coverage, respondent insured appeals from an order granting the petition of petitioner insurer to stay arbitration permanently pursuant to CPLR 7503 (c). We agree with respondent that Supreme Court erred in granting the petition. Respondent obtained...

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