In re the Arbitration between Highsmith & Motor Vehicle Accident Indemnification Corp.

MVATC appeals from an order denying its motion for stay of arbitration pending trial of an issue of fact. The order was made upon affidavits submitted upon the motion, and the court’s action was in the nature of a grant of summary judgment (McGuinness v. MVAIC, 18 A D 2d 1100). Summary judgment, of course, can only be granted when no substantial issue of fact exists. On an application by MVAIC for a stay of arbitration the burden of establishing to the satisfaction of the *425court that a substantial issue of fact exists for trial is upon such applicant (Matter of Kuhn v. MVAIC, 31 A D 2d 707).…