Eveready Insurance v. Vilmond

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for underinsured motorist benefits, Monise Vilmond appeals from an order of the Supreme Court, Queens County (Rios, J.), dated August 10, 2009, which granted that branch of the petition which was to permanently stay arbitration.

Ordered that the order is reversed, on the law, with costs, and that branch of the petition which was to permanently stay arbitration is denied.

On June 28, 2006, the appellant, Monise Vilmond, was injured in a motor vehicle accident with a third party’s vehicle which was…