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IN THE MATTER OF ALLCITY/EMPIRE INSURANCE COMPANY

6 A.D.3d 151 (2004)

773 N.Y.S.2d 564

In the Matter of the Arbitration between ALLCITY/EMPIRE INSURANCE COMPANY, Appellant, and EDDY MASSILLON, Respondent. RELIANCE NATIONAL INDEMNITY CO. et al., Respondents.

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

April 1, 2004.

After petitioner insurer obtained an order in 2000 staying arbitration on the ground that the second motorist in the accident was insured, the parties were advised that the second motorist's insurer was insolvent and that the Security Fund was financially unable to provide coverage. Petitioner's insured then made a second demand for arbitration, and petitioner brought a second stay proceeding in Kings County, where the court, on petitioner's consent, dismissed the petition...

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