New York Central Mutual Fire Ins. v. Marchesi

—Order, Supreme Court, New York County (Louis York, J.), entered on or about October 2, 1996, which denied petitioner’s motion to stay arbitration of respondent’s underinsured motorist claim, unanimously affirmed, without costs.

We affirm the result directing the parties to proceed to arbitration, but not for the reason given by the motion court, which was that the issue of whether respondent’s notice of claim was given "as soon as practicable” necessarily requires contract interpretation and is therefore for the arbitrator, not the court, to decide. Rather, the arbitrability of the timeliness…