Progressive Specialty Insurance v. Lubeck

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Queens County (Rios, J.), dated March 2, 2012, which, upon a decision of the same court dated December 19, 2011, made after a hearing, denied the petition.

Ordered that the judgment is reversed, on the facts, with costs, and the petition to permanently stay arbitration is granted.

The respondent, Roni Lubeck, had an automobile insurance policy (hereinafter the subject policy), issued by the petitioner, Progressive Specialty Insurance Company (hereinafter…