Eagle Insurance Co. v. Gervais

Motion by the appellant to reargue an appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated July 11, 1995, which was determined by decision and order of this Court dated November 25, 1996.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted, the decision and order of this Court dated November 25, 1996 (233 AD2d 503), is recalled and vacated, and the following is substituted therefor:

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner…