MATTER OF ALLSTATE INS. CO. v. PERALTA

15197N, 260548/11

128 A.D.3d 569 (2015)

10 N.Y.S.3d 51

2015 NY Slip Op 04397

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. CRISTOBAL PERALTA et al., Respondents, and STATE FARM FIRE & CASUALTY COMPANY et al., Appellants.

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

Decided May 21, 2015.


Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered February 27, 2014, which granted petitioner Allstate Insurance Company's application to permanently stay an uninsured motorist arbitration, unanimously affirmed, without costs.

The evidence at the hearing did not overcome the presumption of permissive use. Appellants presented evidence that Taveras's car keys were stolen hours before the accident and that the theft was reported to the police...

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