National Union Fire Insurance Co. of Pittsburgh, Pa. v. Leong

—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from so much of an order of the Supreme Court, Nassau County (Murphy, J.), dated June 3, 1997, as, in effect, denied that branch of the petition which was to permanently stay arbitration on the ground that the respondent had failed to give timely notice of his claim.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to permanently stay arbitration is granted, and arbitration of the claim…