American Transit Insurance v. Story

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about November 10, 1997, which denied petitioner insurer’s application to stay an uninsured motorist arbitration demanded by respondent insured, unanimously affirmed, without costs.

Petitioner’s proof that it did not insure respondent’s vehicle on September 6, 1993, the date of the accident, was a notice of alleged policy cancellation for the period December 31, 1990 to December 31, 1991, with proof of mailing on February 25, 1991. The record contains no competent proof of cancellation. Respondent’s proof that…