In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & Evans

OPINION OF THE COURT

Irving Kramer, J.

Upon the foregoing papers, the application of the petitioner, Manhattan and Bronx Surface Transit Operating Authority (Transit Authority), for an order staying the arbitration of an uninsured motorists claim commenced by the respondent is denied.

It is undisputed that the Transit Authority, in compliance with subdivision 1 of section 370 of the Vehicle and Traffic Law and subdivision 2-a of section 167 of the Insurance Law is required to provide uninsured motorists coverage (Matter of New York City Tr. Auth. [Thom], 70 AD2d 158, affd 52 NY2d 1032). The…