Eveready Insurance v. Younger

—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Garry, J.), dated November 1, 1991, which denied the application.

Ordered that the order is reversed, on the law and the facts, with costs, the petition is granted, and the petitioner’s application for a permanent stay of arbitration is granted.

The respondent was allegedly injured on November 17, 1987, when a taxicab in which he was a passenger collided with another vehicle. The petitioner Eveready Insurance…