Great American Insurance v. Garcia

—In a proceeding to stay arbitration pursuant to CPLR article 75, Jose Garcia appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated June 4, 1997, as, upon directing a hearing on the issue of whether he was involved in a hit-and-run accident, granted the petition to the extent of permanently staying arbitration before the American Arbitration Association and directed that, if the issue to be determined at the hearing was resolved in his favor, arbitration was to be before a three-member panel as contemplated by the insurance policy.

Ordered that the order is…