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MATTER OF COUNTRY-WIDE INSURANCE COMPANY v. COLON

279 A.D.2d 427 (2001)

720 N.Y.S.2d 71

In the Matter of COUNTRY-WIDE INSURANCE COMPANY, Appellant, v. WILFREDO COLON, Respondent.

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

Decided January 30, 2001.

Respondent allegedly sustained personal injuries as a result of a motor vehicle accident in September 1997 and petitioner sought to stay arbitration of respondent's claim for uninsured motorist benefits in May 1998 on the ground that only respondent's vehicle was involved. In August 1998, the IAS Court granted a permanent stay on respondent's default. Thereafter, respondent moved to vacate his default on the basis of his affidavit in which he stated that the accident was...

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