Allstate Insurance v. Lichtenstein

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated October 21, 2004, as denied the petition.

Ordered that the order is modified, on the law, by adding a provision thereto stating that the denial of the petition is without prejudice to renewal; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

On March 2, 2001, the respondent, Isaac Lichtenstein (hereinafter the respondent), served a notice of intent to…