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MATTER OF GOVT. EMPLS. INS. CO.

Index No. 652857/19. Appeal No. 13234. Case No. 2019-03343.

192 A.D.3d 405 (2021)

139 N.Y.S.3d 539

2021 NY Slip Op 01232

In the Matter of the Arbitration between Government Employees Insurance Company, Appellant, and Henry Hernandez, Respondent. Country-Wide Insurance Company et al., Proposed Additional Respondents.

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

Decided March 2, 2021.

Attorney(s) appearing for the Case

O'Connor McGuinness Conte Doyle Oleson Watson & Loftus, LLP, White Plains ( Heather M. Haralambides of counsel), for appellant.

Law Office of Thomas Torto, New York ( Thomas Torto of counsel), for Country-Wide Insurance Company, respondent.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.

Petitioner established prima facie that it is entitled to a permanent stay of its insured's demand for arbitration on his claim for uninsured motorist benefits by submitting a police report and DMV records indicating that petitioner's insured, a pedestrian at the time, was struck by proposed additional respondent Felix Soto's vehicle, which left the scene of the accident after stopping briefly, and that Soto's vehicle was insured...

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