Liberty Mutual Insurance v. Staltare

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured/underinsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered December 8, 1995, as upon reargument, adhered to its original determination denying the petition and dismissing the proceeding.

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

*540The respondent was involved in a motor vehicle accident with Jose Ramirez. At…