In re the Arbitration between New York Central Mutual Fire Insurance & Bett

Gorski, J. (dissenting).

I respectfully disagree with the position taken by the majority. I conclude that it was error to grant the petition to stay arbitration of this insurance dispute.

In its decision, Supreme Court acknowledged that, on January 3, 2002, respondent, a pedestrian, was struck by an unidentified car driven by an unidentified driver and sustained personal injuries. The court also acknowledged that petitioner issued a motor vehicle liability policy with a supplementary uninsured *1025motorists (SUM) endorsement to respondent that was in effect on January 3, 2002. The court concluded…