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MATTER OF STATE FARM MUT. AUTO. INS. CO. v. RODRIGUEZ

2019-11900. Index No. 1521/15.

195 A.D.3d 727 (2021)

145 N.Y.S.3d 385

2021 NY Slip Op 03593

In the Matter of State Farm Mutual Automobile Insurance Company, Respondent, v. Juan Rodriguez, Respondent, All Team Concept, Inc., et al., Additional Respondents, and Allstate Insurance Company, Appellant.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Votto & Albee, PLLC, Staten Island, NY ( Christopher Albee of counsel), for appellant.

James F. Butler and Associates, Jericho, NY ( Martin Fallon & Mullé [ Richard C. Mullé ] of counsel), for petitioner-respondent.

LaSalle, P.J., Dillon, Miller and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The petitioner, State Farm Mutual Automobile Insurance Company (hereinafter State Farm), commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits that was made by its insured, the respondent Juan Rodriguez. Rodriguez's claim arose out of an accident that occurred when his bicycle was struck by a vehicle driven by proposed additional respondent Jian Zhong which was owned by...

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