Automobile Insurance v. Klein

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated August 25, 1992, which dismissed the proceeding and directed the parties to proceed to arbitration.

Ordered that the order is reversed, on the law, with costs, and the petitioner’s application to stay arbitration is granted.

The respondents, Jerome Klein and Sonya Klein, who were passengers in a vehicle owned and operated by Herbert Semel, were injured when the Semel vehicle collided with an uninsured…