In re the Arbitration between Nationwide Mutual Insurance & Tarsia

—Judgment insofar as appealed from unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in denying petitioner’s application for a permanent stay of arbitration. Respondent commenced an action seeking damages for injuries he sustained when he was struck by a car. He thereafter entered into a settlement of that action and executed a general release in favor of the driver of the car and the driver’s insurance carrier. In doing so, respondent breached his contract with petitioner, his own insurance carrier, by failing to provide notice of the action…