In re the Arbitration between Kuhn & Motor Vehicle Accident Indemnification Corp.

Appeal by the MVAIC from an order of the Supreme Court, Broome County, denying its motion for a stay of arbitration. The sole point remaining here on appeal is whether, in the present posture of this case a preliminary trial prior to arbitration is required as to whether the vehicle in which claimant was a passenger was an uninsured automobile. All that the record contains is a sworn allegation of claimant in her Notice of Intention to make claim that the vehicle was, in fact, an uninsured automobile. The appellant offered nothing to contradict this allegation in the form of proof to the…