Eagle Insurance v. Kapelevich

In a proceeding pursuant to CPLR article 75 to stay an uninsured motor vehicle arbitration, the petitioner appeals from an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated August 5, 2002, which, after a hearing, denied the petition.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

In this case, where the alleged accident occurred on August 4, 1999, the petitioner established a prima facie case that the offending motor vehicle was insured on that date by submitting a portion of the New York State…