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Government Employees Insurance Company v. Bruk

Petitioner Must Establish Preliminary Issue to Be Granted Framed-Issue Hearing

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The following numbered papers were used on this motion: Submitted by Petitioner NYSCEF Doc No. 1: Petition NYSCEF Doc No. 2: Notice of Petition NYSCEF Doc No. 3: Exhibit A — Demand for Arbitration NYSCEF Doc No. 4: Exhibit B — Policy NYSCEF Doc No. 5: Exhibit C — Disclaimer NYSCEF Doc No. 6: Statement of Authorization for Electronic Filing NYSCEF Doc No. 7: Request for Judicial Intervention NYSCEF Doc No. 8: Affirmation of Service Submitted by Respondent NYSCEF Doc No. 9: Stipulation of Adjournment Filed by Court NYSCEF Doc No. 9: Interim Order Rejecting Stipulation of Adjournment DECISION, ORDER & JUDGMENT Introduction The mere filing of a CPLR 7503 petition to stay arbitration and paying the index number filing fee should not be deemed the functional equivalent of the pro forma purchase of a ticket to obtain a framed issue hearing. More is required. Respondent Anna Bruk claimed to have been in a motor vehicle accident with a hit-andrun driver on January 13, 2023, at Avenue v. and East 8 Street in Brooklyn, New York. Claiming to have sustained personal injuries, she served a demand for uninsured motorist (UM) arbitration¹ with her insurance carrier, Petitioner Government Employees Insurance Company (GEICO). (See NYSCEF Doc No. 1, petition

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