Opinion
No. 2022-03394 Index No. 509755/21
12-13-2023
In the Matter of Standard Fire Insurance Company, petitioner-respondent, v. Jonathan Sanchez, et al., respondents, Tyree David White, appellant.
Ibragimov Law Firm, P.C., Forest Hills, NY (Mikhail Ibragimov of counsel), for appellant Tina Newsome-Lee, Melville, NY (Anne Marlow Moran of counsel), for petitioner-respondent.
Ibragimov Law Firm, P.C., Forest Hills, NY (Mikhail Ibragimov of counsel), for appellant
Tina Newsome-Lee, Melville, NY (Anne Marlow Moran of counsel), for petitioner-respondent.
VALERIE BRATHWAITE NELSON, J.P. LARA J. GENOVESI WILLIAM G. FORD JANICE A. TAYLOR, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of claims for uninsured motorist benefits, Tyree David White appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated March 8, 2022. The order, without a hearing, granted that branch of the petition which was to permanently stay arbitration.
ORDERED that the order is reversed, on the law, without costs or disbursements, those branches of the petition which were to temporarily stay arbitration pending a framed-issue hearing and for joinder of the proposed additional respondents Palisades Insurance Company, doing business as Plymouth Rock Assurance, Liberty Mutual Insurance Company, and Shabazz Kenneth Dozier are granted, and the matter is remitted to the Supreme Court, Kings County, for a framed-issue hearing to determine whether a vehicle owned by Shabazz Kenneth Dozier was insured at the time of the accident, and a new determination thereafter of that branch of the petition which was to permanently stay arbitration.
The petitioner commenced this proceeding to permanently stay arbitration of claims for uninsured motorist benefits or, in the alternative, to temporarily stay arbitration pending a framed-issue hearing and for joinder of proposed additional respondents Palisades Insurance Company, doing business as Plymouth Rock Assurance, Liberty Mutual Insurance Company, and Shabazz Kenneth Dozier. The claims arose out of an automobile accident that occurred on January 18, 2021, when a vehicle operated by Tyree David White was struck by a vehicle owned by Dozier. In an order dated March 8, 2022, the Supreme Court, without a hearing, granted that branch of the petition which was to permanently stay arbitration. White appeals.
"'The party seeking a stay of arbitration has the burden of showing the existence of sufficient evidentiary facts to establish a preliminary issue which would justify the stay'" (Matter of Infinity Indem. Ins. Co. v Leo, 213 A.D.3d 936, 938, quoting Matter of Northeast & Cent. Contrs., Inc. v Quanto Capital, LLC, 203 A.D.3d 925, 928). "'Thereafter, the burden shifts to the party opposing the stay to rebut the prima facie showing'" (Matter of Infinity Indem. Ins. Co. v Leo, 213 A.D.3d at 938, quoting Matter of Northeast & Cent. Contrs., Inc. v Quanto Capital, LLC, 203 A.D.3d at 928).
While White correctly argues that the petitioner could not rely on evidence submitted for the first time in reply to sustain its prima facie burden (see Matter of Allstate Ins. Co. v Dawkins, 52 A.D.3d 826, 826-827), the evidence submitted by the petitioner in support of the petition satisfied its prima facie burden of showing sufficient evidentiary facts to establish a preliminary issue that would justify a stay of arbitration. In opposition to the petition, White raised an issue of fact as to whether the Dozier vehicle was insured at the time of the accident (see Allstate Ins. Co. v Martinez, 140 A.D.3d 743, 744).
Since an issue of fact was raised, arbitration should be temporarily stayed, the proposed additional respondents should be joined as respondents, and a framed-issue hearing should be conducted, before a determination is made on that branch of the petition which was to permanently stay arbitration (see Matter of Government Empls. Ins. Co. v Williams, 174 A.D.3d 708, 709-710; Allstate Ins. Co. v Martinez, 140 A.D.3d at 744).
BRATHWAITE NELSON, J.P., GENOVESI, FORD and TAYLOR, JJ., concur.