Cacciatore v. New York Central Mutual Fire Insurance

*254OPINION OF THE COURT

Pigott, Jr., P.J.

The single issue on these appeals is whether Supreme Court erred in denying defendants’ cross motions to dismiss the action to recover supplementary uninsured motorist (SUM) benefits based upon lack of jurisdiction and to compel plaintiffs to submit the matter to arbitration. Whether arbitration is mandatory when there is a conflict between an insured and an insurer over the value of a SUM claim is a matter of first impression in the appellate courts of this state. We conclude that the order should be affirmed.

I

Janine L. Cacciatore (plaintiff) was injured…