Merchants Insurance Group v. Haskins

In a proceeding, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits pursuant to CPLR article 75, the petitioner appeals from an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated April 16, 2003, which, after a hearing, in effect, denied the petition and dismissed the proceeding.

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

*695On the evening of October 5, 2001, a van owned by the proposed additional respondent Donald W. Shepley and insured by the proposed…