In re the Arbitration between Progressive Insurance & Morales

Appeal from an order of the Supreme Court (Dier, J.), entered February 21, 1996 in Washington County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

On November 19, 1991, while respondent was apparently stopped at a red light, his vehicle was rearended by another automobile. By letter dated November 22, 1991, petitioner, respondent’s insurance company, notified respondent that it had received "notice that [he] may have sustained injuries in *673the * * * accident” and set forth the possible no-fault benefits available to respondent under New…