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MATTER OF COUNTRY-WIDE INSURANCE COMPANY v. PARK

2016-06381. Index No. 709803/14.

167 A.D.3d 735 (2018)

87 N.Y.S.3d 506

2018 NY Slip Op 08478

In the Matter of Country-Wide Insurance Company, Appellant, v. Hyoung W. Park, Respondent, and Elite Suede & Leather Cleaning Company, Inc., et al., Respondents.

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

Decided December 12, 2018.

Ordered that the order is affirmed, with costs to the respondent-respondent.

Hyoung W. Park allegedly was injured when he was struck by a vehicle while attempting to prevent an unknown individual from stealing that vehicle. The insurer of the vehicle, Allstate Insurance Company, disclaimed coverage on the basis that the vehicle had been stolen at the time the vehicle struck Park. The petitioner insurance company commenced this proceeding to permanently stay arbitration...

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