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MATTER OF ALLMERICA FIN. BENEFIT INS. v. KOKOTOS

2016-07294. Index No. 703873/15.

168 A.D.3d 721 (2019)

89 N.Y.S.3d 634

2019 NY Slip Op 00113

In the Matter of Allmerica Financial Benefit Ins., Appellant, v. Steven Kokotos, Respondent.

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

Decided January 9, 2019.

Ordered that the order is affirmed, with costs.

The petitioner, Allmerica Financial Benefit Ins., commenced this proceeding, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits on the ground that there was no physical contact between the vehicle of its insured, Steven Kokotos, and an alleged hit-and-run vehicle. After a framed-issue hearing to determine whether there was physical contact...

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