Nationwide Insurance v. McDonnell

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Kelli McDonnell appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated April 14, 1997, as granted the application of Nationwide Insurance Company to stay arbitration pending a hearing to determine whether there was physical contact between the vehicle of the deceased and the alleged hit-and-run vehicle.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the application is denied, and…