Utica Mutual Insurance v. Spenningsby

In a proceeding pursuant to CPLR 7503 to stay arbitration under an uninsured motorist endorsement of an insurance policy, the appeal is from a judgment of the Supreme Court, Nassau County (Wager, J.), entered May 27, 1986, which granted the application.

Ordered that the judgment is affirmed, without costs or disbursements.

The appellant suffered personal injuries when a rear relief spring from an unidentified truck came loose and struck his windshield, causing him to loose control of his vehicle and strike another automobile. Contending that he was the victim of a hit-and-run accident within…