Opinion
06-13-2024
In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Petitioner-Appellant, v. Shakeem GOINES et al., Respondents-Respondents, Elton Lisboa Ferreira Del Melo et al., Proposed Additional Respondents-Respondents.
Law Office of Katie A. Walsh, Melville (Andrew Weber of counsel), for appellant. Mitchell Dranow, Sea Cliff, for Shakeem Goines and Thiopia Witter, respondents.
Law Office of Katie A. Walsh, Melville (Andrew Weber of counsel), for appellant.
Mitchell Dranow, Sea Cliff, for Shakeem Goines and Thiopia Witter, respondents.
Friedman, J.P., Scarpulla, Shulman, Higgitt, JJ.
Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about August 1, 2023, which denied the petition for a stay of arbitration, unanimously reversed, on the law, with costs, the petition granted, and the arbitration permanently stayed. The petition and the annexed exhibits established that, at the time the vehicle that struck respondents was stolen, it had been unlocked and unattended, and the car was running. Thus, petitioner met its burden of establishing a violation of Vehicle and Traffic Law § 1210(a), and that proposed additional respondent Liberty Mutual Insurance Company, which insured the vehicle for those with the owner’s permission to operate the vehicle, improperly disclaimed coverage (see e.g. Alvarez v. Bivens, 114 A.D.3d 526, 527, 980 N.Y.S.2d 425 [1st Dept. 2014]). Respondents introduced no evidence warranting a hearing on the issue of whether Vehicle and Traffic Law § 1210(a) was violated (see generally Matter of Progressive Ins. Co. v. Bartner, 171 A.D.3d 598, 98 N.Y.S.3d 181 [1st Dept. 2019]; see also Matter of State Wide Ins. Co., v. Libecci, 104 A.D.2d 893, 895, 480 N.Y.S.2d 510 [2d Dept. 1984]).
We decline to review respondents’ unpreserved arguments that petitioner’s exhibits were inadmissible, as the failure to raise these arguments before the court deprived petitioner of the opportunity to cure any purported defects (see Greca v. Choice Assoc. LLC, 200 A.D.3d 415, 415-416, 154 N.Y.S.3d 780 [1st Dept. 2021]).