Royal Globe Insurance v. Smith

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of the respondent’s uninsured motorists claim, petitioner appeals from so much of an order of the Supreme Court, Queens County, dated November 9, 1979, as, upon re-argument, denied petitioner’s application to permanently stay arbitration and directed the parties to proceed to arbitration. Order modified by deleting the third decretal paragraph thereof. As so modified, order afiirmed insofar as appealed from, with $50 costs and disbursements to petitioner, and matter remitted to Special Term for a hearing on the issue…