American Home Assurance Co. v. Joseph

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (DiNoto, J.), dated October 6, 1993, which granted the petition.

Ordered that the order is affirmed, with costs.

The appellant’s contention that the policy provisions regarding sworn notice of a claim for uninsured motorist benefits are ambiguous is raised for the first time on appeal and is therefore unpreserved for appellate review (see, Matter of Liberty Mut. Ins. Co. v Mancuso, 202 AD2d 428, 429). Additionally, even if…