Opinion
2011-12-8
In re The TRAVELERS INDEMNITY COMPANY, etc., Petitioner–Respondent,Katrina Armstead, et al., Respondents,State Farm Mutual Automobile Insurance Company, Additional Respondent–Appellant,Farouk Omar, Additional–Respondent.
Martin, Fallon & Mullé, Huntington (Richard C. Mullé of counsel), for appellant.
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered September 15, 2010, which granted petitioner's motion for a permanent stay of uninsured motorist arbitration, unanimously reversed, on the law, without costs, the motion denied, petitioner directed to join State Farm as an additional respondent and serve it with a supplemental petition and notice of petition, and the matter remanded for a hearing on the issue of State Farm's cancellation of its policy, and stayed pending the hearing. Appeal from order, same court and Justice, entered January 18, 2011, which granted State Farm's motion to reargue and, upon reargument, adhered to the initial determination, unanimously dismissed, without costs, as academic.
Petitioner concedes that the court lacked jurisdiction over State Farm ( see Matter of American Tr. Ins. Co. [Carillo], 307 A.D.2d 220, 763 N.Y.S.2d 561 [2003]; Matter of Allstate Ins. Co. v. Perez, 157 A.D.2d 521, 549 N.Y.S.2d 713 [1990] ). Accordingly, the court improperly considered the merits of the petition.