| Matter of Lancer Ins. Co. v Lackraj |
| 2008 NY Slip Op 04291 [51 AD3d 486] |
| May 8, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lancer Insurance Company,
Respondent, v Chaitram Lackraj, Appellant, and Security Insurance Company of Hartford, Respondent, et al., Respondents. |
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Theodore A. Stamas, Carle Place, for Lancer Insurance Company, respondent.
Schindel, Farman, Lipsius, Gardner & Rabinovich LLP, New York (David BenHaim of
counsel), for Security Insurance Company of Hartford, respondent.
Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about February 27, 2007, granting the petition to stay arbitration, unanimously affirmed, with costs.
Arbitration of respondent Lackraj's uninsured motorist claim against petitioner was properly stayed. The offending vehicle, a bus, did not meet the definition of an "uninsured motor vehicle" within the meaning of Insurance Law § 3420 (f) (1), notwithstanding the fact that the policy insuring the vehicle had a large deductible and the owner became insolvent (see Matter of Fireman's Fund Ins. Co. v Wisham, 6 Misc 3d 1017[A], 2005 NY Slip Op 50091[U] [2005]). Concur—Tom, J.P., Williams, Catterson and Acosta, JJ.