MATTER OF GLOBAL LIBERTY INS. CO. v. EVEILLARD

2018-07412, Index No. 520011/17.

171 A.D.3d 749 (2019)

96 N.Y.S.3d 646

2019 NY Slip Op 02521

In the Matter of Global Liberty Ins. Co. of New York, Appellant, v. Herve Eveillard, Respondent.

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

Decided April 3, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to temporarily stay arbitration of the claim for uninsured motorist benefits pending a framed-issue hearing is granted, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of insurance coverage and a new determination thereafter on that branch of the petition which was to permanently stay arbitration.

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