Eagle Insurance v. Rosario

*484In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, State Farm Mutual Automobile Insurance Company appeals from an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated April 28, 2003, which, upon finding its disclaimer to be void, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The disputed disclaimer of the appellant State Farm Mutual Automobile Insurance Company (hereinafter State Farm), pursuant to the “car business” exclusion of its policy (see 11 NYCRR 60-1.1 [d]…