Progressive Northern Insurance v. Foss

— In a proceeding pursuant to CPLR article 75 to temporarily stay arbitration of a claim for supplementary underinsured motorist benefits, Ilja Foss and Bella Foss appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Rios, J.), entered October 18, 2011, which denied their motion to dismiss the petition and granted the petition to the extent of staying the arbitration pending the completion of certain discovery.

Ordered that the order and judgment is reversed, on the facts and in the exercise of discretion, with costs, the motion to dismiss the petition is granted,…