HERTZ CORPORATION, ap, v. LASHAWN HOLMES, res, TRAVELERS INSURANCE COMPANY PROPOSED ADDITIONAL res

MATTER OF HERTZ CORPORATION, ap, v. LASHAWN HOLMES, res, TRAVELERS INSURANCE COMPANY PROPOSED ADDITIONAL res — (INDEX NO. 7727/12)In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated June 28, 2012, which denied that branch of the petition which was to temporarily stay arbitration of the supplementary uninsured motorist claim pending a framed-issue hearing, in effect, denied that branch of the petition which was for joinder of the proposed additional respondents, Travelers Insurance Company and Precious Morrison, and, in effect, denied the branch of the petition which was for a permanent stay of arbitration and dismissed the proceeding.

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MATTER OF HERTZ CORPORATION, ap, v. LASHAWN HOLMES, res, TRAVELERS INSURANCE COMPANY PROPOSED ADDITIONAL res — (INDEX NO. 7727/12)In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated June 28, 2012, which denied that branch of the petition which was to temporarily stay arbitration of the supplementary uninsured motorist claim pending a framed-issue hearing, in effect, denied that branch of the petition which was for joinder of the proposed additional respondents, Travelers Insurance Company and Precious Morrison, and, in effect, denied the branch of the petition which was for a permanent stay of arbitration and dismissed the proceeding.

ORDERED that the order is reversed, on the law, with costs, the petition is reinstated, those branches of the petition which were to temporarily stay arbitration of the supplementary uninsured motorist claim pending a framed-issue hearing and for the joinder of the proposed additional respondents, Travelers Insurance Company and Precious Morrison, are granted, and the matter is remitted to the Supreme Court, Kings County, for a framed-issue hearing to determine whether the vehicle owned by Precious Morrison was involved in the subject accident, and a new determination thereafter on that branch of the petition which was for a permanent stay of arbitration.

HERTZ CORPORATION, ap, v. LASHAWN HOLMES, res, TRAVELERS INSURANCE COMPANY PROPOSED ADDITIONAL res

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