Aetna Casualty & Surety Co. v. Laing

In a proceeding to stay the arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Queens County (Kassoff, J.), dated March 9, 1989, which denied its motion pursuant to CPLR 4404 (b) to, in effect, set aside a judgment of the same court entered January 6, 1989, which granted the petition.

Ordered that the order is reversed, on the law, with costs, the motion to set aside the judgment is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

The petitioner was granted…