American Transit Insurance v. Tagliaferro

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Thomas Tagliaferro appeals from an order of the Supreme Court, Kings County (Archer, J.H.O.), dated August 2, 2010, which, after a framed-issue hearing, granted the petition and stayed arbitration.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, upon consideration of all of the evidence (see Bolton v Express, 79 AD3d 779, 780 [2010]; Gibson, Dunn & Crutcher v Global Nuclear Servs. & Supply, 280 AD2d 360, 361 [2001]; National Bank of N.…