State Farm Mutual Automobile Insurance v. LoBue

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated May 20, 1988, which, after a nonjury trial, inter alia, granted the petitioner’s application for a permanent stay of arbitration barring the respondent Frances LoBue from proceeding to arbitration against the petitioner.

Ordered that the order and judgment is reversed, on the law and the facts, with costs, and the application for a permanent stay of arbitration is denied.

The issue before us is whether the trial court, at…