State Farm Mutual Automobile Insurance v. Katehis

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered July 28, 2004, which granted petitioner insurer’s application to permanently stay an uninsured motorist arbitration demanded by respondent insured, unanimously affirmed, without costs.

Respondent was struck by a vehicle in October 2000. Although the police responded, attempts made by respondent’s two original attorneys to locate the police report were unsuccessful, and *225both advised respondent that they were unable to discover the identity of the offending vehicle’s owner or driver. In December 2002, a new attorney discovered a…