Empire Insurance v. Vitucci

—Judgment (denominated an order), Supreme Court, New York County (Shirley Fingerhood, J.), entered September 28, 1992, which denied a petition to stay arbitration, unanimously reversed, on the law, and the petition granted, without costs.

On April 5, 1989, respondent was involved in an automobile accident. The driver of the other vehicle was insured with Country Wide Insurance Company for the statutory minimum, which sum was tendered by said insurer. Thereafter, respondent, whose alleged damages exceeded the Country Wide policy, pursued an underinsurance claim against petitioner, her own…