In re the Arbitration between Empire Mutual Insurance

Order and judgment (one paper) of the Supreme Court, New York County (Edward J. Greenfield, J.), entered on November 29, 1984, which denied the petition to stay arbitration and dismissed the petition, is unanimously reversed on the law and the petition to stay arbitration granted, without costs or disbursements.

Respondents Carmine and Concetta Malagoli are insured by petitioner Empire Mutual Insurance Company. In October of 1981, they were involved in an accident with a vehicle owned by additional respondent Jesus Carrero. They subsequently requested arbitration in connection with the…