In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Lupo

In a proceeding by the respondent Motor Vehicle Accident Indemnification Corporation (hereafter called “MVAIC”): (a) to stay arbitration of a claim for personal injury asserted by the claimants Joan Lupo and Thomas Frank Lupo (her husband) pursuant to the provisions of an Accident Indemnification Endorsement contained in an automobile liability insurance policy which provided the said Joan Lupo with uninsured motorist coverage (Insurance Law, § 167, subd. 2-a); and (b) to vacate the claimants’ demand for such arbitration pursuant to statute (Civ. Prac. Act, § 1458), the claimants appeal: (1)…