Brinks, Inc. v. Commercial Union Insurance

In a proceeding pursuant to CPLR 7503 (b) to stay arbitration, Commercial Union Insurance Company appeals from an order of the Supreme Court, Nassau County (Kohn, J.), entered May 23, 1995, which granted the petition. The notice of appeal from the decision dated September 27, 1993 is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the parties are directed to proceed to arbitration.

On May 19, 1989, the appellant’s insured was injured when his automobile…