Interboro Mutual Indemnity Insurance v. Johannesen

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), entered May 12, 1999, which, after a hearing, denied the petition.

Ordered that the order is affirmed, with costs.

Contrary to the assertions of the petitioner, the evidence supports the court’s determination that the respondent was a “resident of the same household” as the holder of a policy issued by the petitioner (see, Matter of Allstate Ins. Co. v Getter, 218 AD2d 797). Thus, the respondent was an insured person for…