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MATTER OF PROGRESSIVE DIRECT INS. CO. v. OSTAPENKO

2018-12229, Index No. 502925/18.

176 A.D.3d 1068 (2019)

108 N.Y.S.3d 891

2019 NY Slip Op 07586

In the Matter of Progressive Direct Insurance Company, Appellant, v. Irina Ostapenko, Respondent.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York, NY ( Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellant.

Helen F. Dalton & Associates, P.C., Kew Gardens, NY ( Sofya Janashvili of counsel), for respondent.

Balkin, J.P., Chambers, Leventhal and LaSalle, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to permanently stay arbitration is granted, and the arbitration is permanently stayed.

The respondent, Irina Ostapenko, allegedly was injured when the vehicle she was driving was struck in the rear by another vehicle that then left the scene. The vehicle Ostapenko was driving was insured by the petitioner...

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