Harley v. CNA Insurance

—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated October 26, 1993, which granted the respondent’s motion to permanently stay arbitration and, in effect, denied the petition.

Ordered that the order is affirmed, with costs.

The petitioner was operating a motor vehicle not owned by him when he was involved in an accident which allegedly was caused by another driver. Approximately two years after the accident, the petitioner attempted to make a claim against…