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In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant. KIRK REID et al., Respondents, et al., Respondents.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay ( cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448).

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IN THE MTR. N.Y. v. REID
(Nov 16, 2006)