Order: In The Matter Of The Application Of Country-Wide Insurance Company v. Susy A Ciprian, Oscar A Pena Moises, Gregorio A Hernandez Marte, Pablo Garcia, Geico General Insurance Company

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                                (FILED: BRONX COUNTY CLERK 06/21/2016 12:59 PM TS 2 cee
NYSCEF DOC. NO. 17 NEW YORK SUPR RE COUNTY OF BRONYeD NYSCEF: 06/21/2016

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SUPREME COUR® OF THE STATE OF NEW YORK Settle Order o
COUNTY OF 7% Schedule Appearance

Index Ne. 0025057/2015E
Hon..FERNANDO TAPIA

CIPRIAN, Justice.
eae Ta nln ta ah Per a Miib~ TO
The following papers numbered | to Read on this motion, STAY ARBITRATION
Noticed on October 07.2015 and duly submitted as No. 6n the Motion Calendar of

PAPERS NUMBERED

Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed

Answering Affidavit and Exhibits
Replying Affidavit and Exhibits
Affidavits and Exhibits

Pleadings - Exhibit

Stipulation(s) - Referee's Report - Minutes

Filed Papers

Memoranda of Law

o
Upon the iutbeeate ninth this

Dee SEE ATTACHED Dezisio -

Motion is Respectfully Referred to:

Hon. z
FERNANDO TAPIA, J.S.C.

1 of 3SUPREME COURT OF THE STATE OF NEW YORK
BRONX COUNTY: Part 13

In the Matter of the Application of
COUNTRY-WIDE INSURANCE CO.

Petitioner,
v.
For an Order Staying the Arbitration Demanded By
SUSY A. CIPRIAN, OSCAR A. PENA MOISES and
GREGORIO A. HERNANDEZ MARTE,
Respondents,
and

PABLO GARCIA and GEICO GENERAL INSURANCE CO.,

Proposed Additional Co-Respondents.

DECISION

Index No. 25057-15E

Petitioner seeks a permanent stay of Uninsured Motorist arbitration under CPLR 7503(c)

which was timely filed by Respondent, an injured party who was involved in a two-car, rear-end

motor vehicle accident [|MVA]. Proposed Additional Co-Respondent, Mr. Pablo Garcia, was the

driver of the offending 2003 BMW at the time of the February 2, 2015 MVA. GEICO General

Insurance Co. was the insurer of the offending 2003 BMW.!

After careful review of the motion, this Court hereby GRANTS TO THE

FOLLOWING EXTENT:

- temporarily staying arbitration, pending a Framed Issue Hearing with all

parties on Wednesday, 13 July 2016, Room 402, at 10 a.m., to determine

whether or not the insurance cancellations by GEICO were proper, thereby also
resolving the issue of adding the proposed respondents as real parties

' The MVA occurred on Amsterdam Avenue, at West 139th Street. See Yufa Aff. at Exh. C.

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2 of 3Ms. Ciprian, through counsel, argues that on 2 February 2015, she had underinsured
motorist coverage. Id. at § 23. She also argues that Mr. Garcia's car is uninsured for purposes of
allowing Respondents to proceed to SUM because there are three people seeking recovery
against Mr. Garcia. Id. at § 15.7

On an application to stay arbitration, an evidentiary hearing is required if there is any
disputed issue of fact. Kahn v. Biernbaum, 55 AD2d 589 (App Div, 1st Dept 1976); Burbank
Broadcasting Co. v. Roslin Radio Sales, Inc., 99 AD2d 976, 977 (App Div, 1st Dept 1984).

Here, this motion has a number of disputed issues that will be resolved at the framed
issue hearing, namely the car insurance coverage of the 2003 BMW, which is the offending car.

WHEREFORE, Petitioner's motion is GRANTED TO THE EXTENT and a framed
issue hearing is set for Wednesday, 13 July 2016, Room 402, at 10 a.m.

Petitioner is ORDERED to file Notice of Entry within fourteen [14] business days from
the date of this Decision, upon entry of this Decision.

This constitutes the Decision and Order of this Court.

a
CED
Dated: May 31, 2016
Bronx, NY Hon. Fernando Tapia, J.S.C.

? The Garcia car only has Bl/uninsured limits of 25/50.

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