Chubb Group of Insurance v. DePalma

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the proposed additional respondents Dimitrios Kitsios and Anastasia Kitsios appeal from an order of the Supreme Court, Westchester County (Carey, J.H.O.), entered November 8, 2004, which, after a framed-issue hearing, denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is reversed, on the law and the facts, with costs payable by the proposed additional respondent Atlantic Mutual Companies, the petition is granted, and arbitration is permanently stayed.

This…