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MATTER OF UNITED STATES AUTOMOBILE ASSOCIATION v. MICKENS

Index No. 651880/22. Appeal No. 650. Case No. 2022-05201.

219 A.D.3d 1264 (2023)

196 N.Y.S.3d 432

2023 NY Slip Op 04835

In the Matter of United States Automobile Association, Appellant, v. Tevin M. Mickens, Respondent.

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

Decided September 28, 2023.

Attorney(s) appearing for the Case

Petrocelli & Christy, LLP, Mineola (Matthew R. Jaeger of counsel), for appellant.

Law Office of Neil R. Finkston, Great Neck (Neil R. Finkston of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered August 17, 2022, which denied the petition to permanently stay arbitration or, in the alternative, to temporarily stay arbitration pending, inter alia, a framed issue hearing on the existence of underinsured motorist coverage, unanimously reversed, on the law, without costs, and the petition granted to the extent of temporarily staying arbitration pending a framed issue hearing as to whether respondent resided...

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