Hartford Insurance v. Nunez

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Jose Nunez appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated October 3, 1994, which granted the petition.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellant’s contention, the extensive testimony adduced by the petitioner established that exhaustive searches of the petitioner’s files and records disclosed that no policy of insurance had ever been issued to the appellant. This evidence…