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IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURA...

Docket 605925/2021, New York State, Suffolk County, Supreme Court (Apr. 2, 2021)
John H Rouse, presiding
Case TypeSpecial Proceedings - CPLR Article 75
Plaintiff - Petitioner IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION
Defendant - Respondent Shaneice Burwell
Defendant - Respondent INTEGON NATIONAL INSURANCE COMPANY Proposed Additional Respondent
...
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DECISION + ORDER ON MOTION

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 33 (N.Y. Sup. Ct., Suffo...
In the Matter of the Application of Government Employees Index No.: 605925/2021 Insurance Company Petitioner To Stay Arbitration pursuant to CPLR Article 75
The Rosato Firm, PC Attorneys for Respondent 55 Broadway, 23rd Floor New York, NY 10006 Law Office of Matthew A. Sosnik Attorneys for Respondent 125-10 Queens Blvd., Suite 15 Kew Gardens, NY 11415
The Court, having held a framed issue hearing on December 9, 2021 pursuant to its Order of September 24, 2021, and upon the testimony and evidence presented during such hearing and the papers cited in the aforementioned Order and arguments submitted by counsel for the parties, Joseph Candela, Esq. Law Office of Gail S. Lauzon Attorneys for Petitioner 100 Duffy Avenue, Suite 100 Hicksville, NY 11801 Law Office of Brian J. McGovern, LLC Attorneys for Proposed Additional Respondents 254 South Main Street, Suite 500 New City, NY 10956
Page 1 of 2 this Court finds that Respondent Burwell has carried her burden to establish that the letter of February 23, 2020 was sent to Petitioner at that time and, therefore, was sufficient to provide notice to Petitioner for permission to settle Respondent’s third-party claim for the full policy limits, as required by the underinsured provisions of Petitioner’s policy of insurance.
Accordingly, the Stay previously issued in this matter is hereby lifted and GEICO’s Petition to Permanently Stay Arbitration is hereby denied.
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30

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 30 (N.Y. Sup. Ct., Suffo...

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AFFIRMATION/AFFIDAVIT OF SERVICE

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 35 (N.Y. Sup. Ct., Suffo...
being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Suffolk, New On December 14, 2021 I served a true copy of the ORDER
Law Office Attorneys 100 Duffy Hicksville,
J. McGOVERN, Additional Respondents for Proposed Attorney South Main Suite Street, New City, NY 10956
E-file By depository address and mailing of the U.S. the addressee with by mail same the within Postal Service below: as indicated of postage the Stat pr reon, f New Y rk, in a resse ost office to the or official last known
Swo to before me December 14, 021.
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NOTICE OF ENTRY

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 34 (N.Y. Sup. Ct., Suffo...
And Dylan National Integon J. Keppler, Insurance Company and Proposed Additional Respondents __._________
J. McGOVERN, for Proposed Additional Respondents Attorney 254 South Main Suite Street, New City, NY 10956
___ of the Application of Government Employees Index No.: 605925/2021 In the Matter Insurance Company To Stay Arbitration pursuant to CPLR Article Petitioner -against- Shaneice Burwell, Respondent And Dylan National Integon J. Keppler, Insurance Company and Proposed Additional Respondents
Hicksville, Law Office of Brian for Proposed Attorneys 254 South Main Street, New City, NY 10956 J. McGovern, Additional Suite
A. Sosnik The Court, of September 24, the papers cited having held and upon 2021, in the aforementioned a framed issue the testimony Order hearing and evidence 9, 2021 presented during counsel such for and hearing the parties, and arguments submitted by Page 1 of
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31

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 31 (N.Y. Sup. Ct., Suffo...

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23

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 23 (N.Y. Sup. Ct., Suffo...

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28

Document IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION v. SHANEICE BURWELL et al, 605925/2021, 28 (N.Y. Sup. Ct., Suffo...

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