Empire Insurance v. Dorsainvil

*481In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Queens County (Thomas, J.), dated April 15, 2002, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The appellants’ failure to file a sworn statement with the petitioner Empire Insurance Company after the hit-and-run accident, in accordance with a condition precedent to coverage under the uninsured motorist endorsement of the insurance policy, vitiated coverage (see…