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IN THE MATTER OF UNITRIN KEMPER AUTO AND HOME

57 A.D.3d 1391 (2008)

871 N.Y.S.2d 566

In the Matter of the Arbitration between UNITRIN KEMPER AUTO AND HOME ("KEMPER"), Respondent, and ARCELINA V. IRIZARRY, Respondent. LANCER INSURANCE COMPANY, Appellant. ALLSTATE INSURANCE COMPANY, Respondent. (Appeal No. 2.)

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

December 31, 2008.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs and the declarations are vacated.

Memorandum: Petitioner commenced this proceeding pursuant CPLR article 75 seeking a permanent stay of the arbitration demanded by its insured, respondent Arcelina V. Irizarry, after a vehicle driven by her collided with a vehicle owned by Edwin Diaz, doing business as PR Auto Sales (Diaz), a used car dealer, and insured...

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