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MATTER OF ALLSTATE INS. CO. v. MARTINEZ

2015-05768, Index No. 13679/14.

140 A.D.3d 743 (2016)

30 N.Y.S.3d 891

2016 NY Slip Op 04206

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. WILFREDO MARTINEZ, Appellant. GEICO INDEMNITY COMPANY et al., Proposed Respondents.

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

Decided June 1, 2016.

Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof granting the petition and permanently staying arbitration, and substituting therefor a provision granting the petition only to the extent of temporarily staying arbitration pending a framed-issue hearing on the issue of insurance coverage; as so modified, the order and judgment is affirmed, without costs or disbursements, and the matter...

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