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MATTER OF PROGRESSIVE ADVANCED INS. CO. v. LITTLEFAIR

2019-07034. Index No. 611045/18.

203 A.D.3d 1158 (2022)

163 N.Y.S.3d 450

2022 NY Slip Op 02123

In the Matter of Progressive Advanced Insurance Company, Respondent, v. Bertrand Littlefair et al., Respondents, and Dairyland Insurance Company, Appellant.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Alahverdian Van Leuvan P.C., Bethpage, NY ( Gerard R. Van Leuvan of counsel), for appellant.

Scahill Law Group, P.C., Bethpage, NY ( Albert J. Galatan of counsel), for petitioner-respondent.

Iannacci, J.P., Rivera, Miller and Maltese, JJ., concur.

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

On July 5, 2018, Alyssa M. Peletier was involved in a motor vehicle accident with Bertrand Littlefair and Eileen O'Connor. Littlefair and O'Connor filed claims with Peletier's insurer, Dairyland Insurance Company (hereinafter Dairyland), which disclaimed coverage on July 27, 2018, on the ground that it had canceled...

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