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MATTER OF TRAVELERS INSURANCE COMPANY v. COHEN

61 A.D.3d 768 (2009)

877 N.Y.S.2d 189

In the Matter of TRAVELERS INSURANCE COMPANY, Appellant, v. PEARL COHEN, Respondent; PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Proposed Additional Respondent, et al., Proposed Additional Respondent.

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

Decided April 14, 2009.

Ordered that the judgment is reversed, on the law, with costs to the petitioner payable by the respondent Pearl Cohen and the proposed additional respondent Progressive Northeastern Insurance Company, the petition is granted, and the arbitration is permanently stayed.

Pearl Cohen allegedly was injured on December 23, 2005 when she was forced to jump out of the way of a car driven by Wayne Salvaty. Cohen made no attempt to...

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