Boston Old Colony Insurance v. Sachs

In a proceeding, inter alia, pursuant to CPLR article 75 to stay the arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Graci, J.), dated July 14, 1986, as denied its application to stay arbitration.

Ordered that the order and judgment is reversed, and the matter is remitted for a new hearing on the petitioner’s application to stay arbitration, with costs to abide the event.

Under the circumstances of this case, including the potentially meritorious nature of the…