Polesky v. GEICO Insurance

In a proceeding pursuant to CPLR article 75 to compel arbitration of an underinsurance claim in which GEICO Insurance Company cross-petitioned to permanently stay arbitration, the appeal is from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated September 8, 1995, which granted the petition, denied the cross petition, and directed the appellant to proceed to arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the cross petition is granted to the extent of staying arbitration until such time as the petitioners accept payment…