Continental Casualty Co. v. Lecei

— Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered June 4, 2009, which denied petitioner’s motion to reject the Special Referee’s report that at the time of the accident re*932spondent was “occupying” his employer’s vehicle within the meaning of the supplemental underinsured motorist provision of the employer’s insurance policy, granted respondent’s motion to confirm the report, and dismissed the petition to stay arbitration, unanimously affirmed, with costs.

The Special Referee’s finding that respondent was “occupying” the truck within the meaning of the policy is…