On March 28, 2018 a
Party Notice
was filed
involving a dispute between
Interboro Insurance Company Maidstone Insurance Compny,
and
Anup Singh,
Buyrite Auto Sales Corp.,
Geico General Insurance Company,
Siddique Akhtar,
for Special Proceedings - CPLR Article 75
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018
SUPREME COURT OFTHE STATE OF NEWYORK
COUNTY OF QUEENS
—————X
---------------------------------------------------------X
In the Matter of the Application for a stay of
ArbitrationofINTERBOROINSURANCE
COMPANY/MAIDSTONE INSURANCE COMPANY, Index No.: 704725/18
Petitioner, Notice of Petition
- against -
ANUP SINGH,
Respondents,
- and -
SIDDIQUEAKHTAR, BUYRITE AUTO SALES CORP.
and GEICO GENERAL INSURANCE COMPANY,
ProposedAdditional Respondents.
------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Petition of INTERBORO
23rd
INSURANCE COMPANY/MAIDSTONE INSURANCE COMPANY, verified on the day of
March 2018, an application, pursuant to CPLR §7503, will be made at Supreme Court,
Queens County, before the Honorable Justice to be assigned, held at the Courthouse
16th
located at 88-11 Sutphin Boulevard, Jamaica, New York on the day of May 2018,
at 11:00 a.m. of that day, or, as soon thereafter as counsel can be heard, for:
1. An Order pursuant to CPLR §7503 permanently staying the Respondent's
application to proceed to Arbitration under the Supplementary Uninsured
Motorist Endorsement, or, in the alternative, a temporary Stay pending a
hearing to determine ifthe adverse vehicle was insured on the date of loss,
pending a Framed Issue Hearing, and, ifthey tendered the policy, adding all
of the Proposed Additional Respondents so that all parties will be before this
Honorable Court.
1 of 3
FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018
2. Alternatively, if it is found that the Respondent is permitted to seek
Arbitration under INTERBORO INSURANCE COMPANY/MAIDSTONE
INSURANCE COMPANY'S Uninsured Motorist Endorsement, an Order
temporarily staying the Arbitration from being held before the American
Arbitration Association, to allow the Petitioner and Respondent the time
needed to fully conduct discovery. That discovery is to consist of allowing
the Petitioner the opportunity to obtain authorizations and medical reports
for all of the Respondent's treating health-care providers, as well as
allowing the Petitioner the opportunity to conduct physical examinations
and an Examination Under Oath of the Respondent and for such other
further relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if
any shall be served upon the undersigned at least seven (7) days prior to the aforesaid
date of hearing.
Petitioner designates Queens County as the place of trial. The basis of venue is
that the Petitioner does business in that County.
Dated:Bethpage, New York
March 23, 2018
wi/!~~
(p(
ALBERT J. GALATAN, ESQ.
PICCIANO 5 SCAHILL, PC
Attorney for Petitioner
INTERBORO INSURANCE CO.
/MAIDSTONE INSURANCE CO.
Stewart -
1065 Avenue Suite 210
Bethpage, New York 11714
(516) 294-5200
Our File No.: B02NY1631120-UM
2 of 3
FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018
To: WALIA & WALIA, PLLC
Attorney for Respondent
39th
136-40 Avenue, Suite 304
Flushing NY 11354
(718) 353-4478
AMERICAN ARBITRATION ASSOCIATION
- 11th
120 Broadway FlOOr
New York, NY 10271
SIDDIQUE AKHTAR
88th
230-33 Avenue
Queens Village, NY 11427
BUYRITE AUTO SALES CORP.
2326 State Route 72
Jonestown, PA 17038
NYS DEPT. OF FINANCE
Department Corporate Affairs
1 Commerce Plaza
Albany, N. Y. 12257
FOR SERVICE UPON:
GEICO GENERAL INSURANCE COMPANY
Code: 639
3 of 3
Document Filed Date
March 30, 2018
Case Filing Date
March 28, 2018
Category
Special Proceedings - CPLR Article 75
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FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018 SUPREME COURT OFTHE STATE OF NEWYORK COUNTY OF QUEENS —————X ---------------------------------------------------------X In the Matter of the Application for a stay of ArbitrationofINTERBOROINSURANCE COMPANY/MAIDSTONE INSURANCE COMPANY, Index No.: 704725/18 Petitioner, Notice of Petition - against - ANUP SINGH, Respondents, - and - SIDDIQUEAKHTAR, BUYRITE AUTO SALES CORP. and GEICO GENERAL INSURANCE COMPANY, ProposedAdditional Respondents. ------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed Petition of INTERBORO 23rd INSURANCE COMPANY/MAIDSTONE INSURANCE COMPANY, verified on the day of March 2018, an application, pursuant to CPLR §7503, will be made at Supreme Court, Queens County, before the Honorable Justice to be assigned, held at the Courthouse 16th located at 88-11 Sutphin Boulevard, Jamaica, New York on the day of May 2018, at 11:00 a.m. of that day, or, as soon thereafter as counsel can be heard, for: 1. An Order pursuant to CPLR §7503 permanently staying the Respondent's application to proceed to Arbitration under the Supplementary Uninsured Motorist Endorsement, or, in the alternative, a temporary Stay pending a hearing to determine ifthe adverse vehicle was insured on the date of loss, pending a Framed Issue Hearing, and, ifthey tendered the policy, adding all of the Proposed Additional Respondents so that all parties will be before this Honorable Court. 1 of 3 FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018 2. Alternatively, if it is found that the Respondent is permitted to seek Arbitration under INTERBORO INSURANCE COMPANY/MAIDSTONE INSURANCE COMPANY'S Uninsured Motorist Endorsement, an Order temporarily staying the Arbitration from being held before the American Arbitration Association, to allow the Petitioner and Respondent the time needed to fully conduct discovery. That discovery is to consist of allowing the Petitioner the opportunity to obtain authorizations and medical reports for all of the Respondent's treating health-care providers, as well as allowing the Petitioner the opportunity to conduct physical examinations and an Examination Under Oath of the Respondent and for such other further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any shall be served upon the undersigned at least seven (7) days prior to the aforesaid date of hearing. Petitioner designates Queens County as the place of trial. The basis of venue is that the Petitioner does business in that County. Dated:Bethpage, New York March 23, 2018 wi/!~~ (p( ALBERT J. GALATAN, ESQ. PICCIANO 5 SCAHILL, PC Attorney for Petitioner INTERBORO INSURANCE CO. /MAIDSTONE INSURANCE CO. Stewart - 1065 Avenue Suite 210 Bethpage, New York 11714 (516) 294-5200 Our File No.: B02NY1631120-UM 2 of 3 FILED: QUEENS COUNTY CLERK 03/30/2018 02:49 PM INDEX NO. 704725/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2018 To: WALIA & WALIA, PLLC Attorney for Respondent 39th 136-40 Avenue, Suite 304 Flushing NY 11354 (718) 353-4478 AMERICAN ARBITRATION ASSOCIATION - 11th 120 Broadway FlOOr New York, NY 10271 SIDDIQUE AKHTAR 88th 230-33 Avenue Queens Village, NY 11427 BUYRITE AUTO SALES CORP. 2326 State Route 72 Jonestown, PA 17038 NYS DEPT. OF FINANCE Department Corporate Affairs 1 Commerce Plaza Albany, N. Y. 12257 FOR SERVICE UPON: GEICO GENERAL INSURANCE COMPANY Code: 639 3 of 3