Eagle Insurance v. Silva

— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Bur-stein, J.), dated November 20, 1987, which granted the petition.

Ordered that the order is affirmed, without costs or disbursements.

On April 20, 1986, the appellant Noemi Silva was hit by a motor vehicle insured by Allstate Insurance Co. (hereinafter Allstate). She commenced an action against the vehicle’s owner and settled the action for $10,000, the limit of the *642Allstate policy. Thereafter Noemi Silva, under the appellant Magdalena Silva’s insurance policy…