State Farm Mutual Automobile Insurance v. Russell

In a proceeding pursuant to CELR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner *372appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated October 16, 2002, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

On May 21, 2000, the respondent Keon Russell (hereinafter Keon) was involved in an accident with another vehicle while driving…