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MATTER OF TRAVELERS HOME & MAR. INS. CO. v. MILLER

2021-04538, 2021-04539. Index No. 511710/17.

220 A.D.3d 875 (2023)

198 N.Y.S.3d 181

2023 NY Slip Op 05264

In the Matter of Travelers Home and Marine Insurance Company, Sued Herein as Travelers Insurance Company, Respondent, v. Alfanso Miller, Appellant. Zurich Insurance, Doing Business as Empire Fire and Marine Insurance Company, et al., Additional Respondents, et al., Additional Respondents.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Paul H. Seidenstock and Brian J. Isaac], of counsel), for appellant.

Fleischner Potash, LLP, New York, NY (Jason S. Steinberg of counsel), for additional respondents-respondents.

Duffy, J.P., Iannacci, Wooten and Genovesi, JJ., concur.

In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration of a claim for supplemental underinsured motorist benefits, Alfanso Miller appeals from (1) an amended order of the Supreme Court, Kings County (Kathy J. King, J.), dated June 16, 2021, and (2) a judgment of the same court dated June 16, 2021. The judgment, upon a decision of the same court (Miriam P. Sunshine, Ct. Atty. Ref.) dated May 7, 2019, made after a framed-issue hearing, denied the petition...

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