Travelers Indemnity Co. v. Balthazar

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about August 4, 1994, which, inter alia, granted petitioner’s application to stay arbitration of respondents’ uninsured motorist claim pending determination, at a preliminary trial, of the issue of whether the offending vehicle was insured on the date of the accident, is unanimously reversed, on the law, without costs, the petition is dismissed and the parties are directed to arbitration.

The within proceeding is untimely as it was commenced two months after petitioner was served with a demand for arbitration…