Nationwide Insurance v. Sobiesiuk

—In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Segal, J.), dated July 1, 1998, which granted the petition and permanently stayed arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the parties are directed to proceed to arbitration.

We agree with the appellant that there is no material distinction between the facts presented in the present case and those presented in Matter of Federal Ins. Co. v Stechman…