Garcia v. Mercado

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about December 13, 1991, granting plaintiff’s cross motion for leave to proceed to arbitration with respect to an underinsured claim, unanimously reversed, on the law, without costs or disbursements, the motion denied and the matter restored to the trial calendar.

The infant plaintiff, a passenger in defendant Mercado’s vehicle, seeks to recover damages for personal injuries allegedly sustained in a June 18, 1988 two-car automobile accident. Mercado’s automobile had policy liability limits of $100,000/ $300,000 and $100,000…