Aetna Casualty & Surety Co. v. Purvis

—In a proceeding to stay the arbitration of an uninsured motorist claim, the appeal is from an order and judgment (one paper) of the Supreme Court, Kings County (Krausman, J.), dated July 23, 1991, which, after a hearing, denied the petition.

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The petitioner sought to stay arbitration on the ground that the respondent George Purvis had failed to comply with a condition precedent to coverage. That condition required him to file, within 90 days after the…