Metropolitan Property & Liability Insurance v. Aviles

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hurowitz, J.), entered November 14, 1988, as, upon reargument, adhered to its original determination in an order of the same court, entered August 24, 1988, which denied the application.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On July 24, 1987, Manuel Aviles was injured in a two-car collision in Brooklyn. Aviles was driving a vehicle…