Allstate Insurance v. Gomez

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Tri-State Consumer Insurance Company appeals from a judgment of the Supreme Court, Nassau County (Trainor, R.), dated July 28, 1998, which granted the petition and permanently stayed arbitration.

Ordered that the judgment is reversed, with costs and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of the diligence of Luis Roque Gomez in ascertaining the existence of insurance coverage and whether he thereafter pursued his claim expeditiously; and it…