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MATTER OF ELCO ADMIN. SERVS. v. BONES-ROJOS

10027N, 20046/17E.

176 A.D.3d 459 (2019)

107 N.Y.S.3d 846

2019 NY Slip Op 07227

In the Matter of Elco Administrative Services, Respondent, v. Marlene Bones-Rojos et al., Respondents, and MGA Insurance Company, Inc., Appellant.

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

Decided October 8, 2019.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Bethpage ( Albert J. Galatan of counsel), for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale ( Anne P. O'Brien of counsel), for respondent.

Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.

A hearing must be directed to determine whether there was personal jurisdiction over respondent insurer MGA (see Matter of Preferred Mut. Ins. Co. [Fu Guan Chan], 267 A.D.2d 181, 182 [1st Dept 1999]). Issues were also raised by MGA as to whether service was proper.

A request to arbitrate an uninsured motorist claim may be stayed to establish the threshold issue of the insurance status of the alleged offending vehicle on the...

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