Wausau Insurance v. Bartz

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Colby, J.), dated August 7, 1991, which granted the petitioner’s motion pursuant to CPLR 7503 (b) to permanently stay arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner’s motion to stay arbitration. The appellant failed to comply with the condition precedent to coverage under the uninsured motorist endorsement of the subject automobile policy, which required that she file a statement under oath within 90…