In re the Arbitration between Matarasso & Continental Casualty Co.

In a proceeding by Continental Casualty Company to stay arbitration, the claimants appeal from a judgment of the Supreme Court, Westchester County (Ruskin, J.), entered January 13, 1981, which granted the petition “in the exercise of discretion”. Judgment affirmed, with $50 costs and disbursements. The claimants were injured in an automobile accident and recovered the maximum *862benefits allowable under their primary automobile liability insurance policy’s uninsured motorist indorsement (see Insurance Law, § 167, subd 2-a). They sought to recover their excess damages under a “Commercial Umbrella…