Blue Ridge Insurance v. Russo

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), entered November 6, 2002, which, after a nonjury trial, denied the petition and allowed the parties to proceed to arbitration.

Ordered that the order is affirmed, with costs.

Robert Russo was injured when he lost control of his Jeep after an unknown vehicle traveling on the same road but coming from the opposite direction allegedly cut him off by making a left turn in front of him. Russo’s…