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MATTER OF PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. GIBSON

62 A.D.3d 804 (2009)

877 N.Y.S.2d 904

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. DAVID GIBSON, Respondent and LINCOLN GENERAL INSURANCE COMPANY, Additional Respondent, et al., Additional Respondents.

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

Decided May 12, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner's failure to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the accident mandated denial of that branch of the petition which was to permanently stay arbitration (see Matter of Progressive Northwestern Ins. Co. v Gjonaj, 43 A.D.3d 1169 [2007...

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