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MATTER OF UTICA NATL. INS. OF TEXAS v. KASSIE

2019-05176. Index No. 713427/17.

202 A.D.3d 800 (2022)

163 N.Y.S.3d 536

2022 NY Slip Op 00867

In the Matter of Utica National Insurance of Texas, Respondent, v. Angela Kassie, Appellant.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Richard S. Gershman & Assoc., P.C., Lake Success, NY, for appellant.

Dodge & Monroy, P.C., Lake Success, NY ( Peter X. Dodge of counsel), for respondent.

Duffy, J.P., Miller, Zayas and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and that branch of the petition which was to permanently stay arbitration is denied.

The petitioner, Utica National Insurance of Texas (hereinafter Utica), commenced this proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for supplemental underinsured motorist (SUM) benefits on the ground that it had validly disclaimed...

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