Metropolitan Suburban Bus Authority v. Empire Mutual Insurance

In a proceeding to permanently stay arbitration demanded by Empire Mutual Insurance Co. for reimbursement from the petitioner Metropolitan Suburban Bus Authority under Insurance Law § 5105, Empire Mutual Insurance Co. appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered April 7, 1989, which granted the petition and permanently stayed the arbitration.

Ordered that the judgment is reversed, on the law, with costs, the permanent stay is vacated, the petition is denied, the proceeding is dismissed, and the parties are directed to proceed to arbitration.

The appellant…