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EMANVILOVA v. PALLOTTA

49 A.D.3d 413 (2008)

854 N.Y.S.2d 360

ALBINA EMANVILOVA et al., Appellants, v. JOSEPH PALLOTTA et al., Defendants. In the Matter of AMERICAN TRANSIT INSURANCE COMPANY, Petitioner, v. ALBINA EMANVILOVA et al., Appellants, and ALLSTATE INSURANCE CO., Proposed Respondent, et al., Respondent. In the Matter of AMERICAN TRANSIT INSURANCE COMPANY, Petitioner, v. JOSEPH PALLOTTA et al., Respondents, and ALLSTATE INSURANCE COMPANY, Proposed Respondent.

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

Decided March 18, 2008.

Pallotta and plaintiffs, his three fee-paying passengers, were injured in 1999 when their vehicle, insured by petitioner American Transit, was rear-ended by a vehicle driven by defendant Loktev and insured by proposed additional respondent Allstate. Allstate disclaimed coverage, which led to litigation over whether Loktev was an uninsured motorist. Initially, American Transit obtained an order permanently staying arbitration, after...

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