Aetna Casualty & Surety Co. v. Boiano

In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, the appeal is from *315a judgment of the Supreme Court, Nassau County (O’Brien, J.), dated September 16, 1991, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing, for joinder of Government Employees Insurance Company as a necessary party, and for further proceedings in accordance herewith.

The documents submitted by the parties created a factual issue as to whether the offending…