In re the Arbitration between Eveready Insurance & Schwartzberg

—Order and judgment (one paper), Supreme Court, Queens County (Edwin Kassoff, J.; Robert Groh, J., at hearing and decision), entered March 26, 1992, dismissing petitioner’s application for a stay of arbitration under an uninsured motorist coverage provision, unanimously affirmed, with costs.

After a hearing the IAS Court properly determined that respondent’s failure to have filed with petitioner a statement under oath pertaining to the specifics of a 1989 hit and run incident did not, as a matter of law, bar his request to seek coverage under the uninsured motorist coverage provision (see,…