Allstate Insurance v. Ban

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals, as limited by its notice of appeal and brief, from so much of a judgment of the Supreme Court, Queens County (Rios, J.), entered December 18, 2009, as, after a framed-issue hearing, denied the petition and dismissed the proceeding.

*654Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined, after a hearing, that on the date of the subject accident, Jozsef Ban and Claudia Ban (hereinafter together…