Liberty Mutual Insurance v. Tetteh

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, Benjamin Tetteh appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered May 15, 2000, as declared that the petitioner’s maximum potential liability following arbitration under the subject policy is $50,000.

Ordered that the order is reversed insofar as appealed, on the law, with costs, and the declaration is vacated.

The Supreme Court erred in considering the issue of the maximum liability of Liberty Mutual Insurance Company…