Colonial Penn Insurance v. Rodriguez

OPINION OF THE COURT

John S. Lockman, J.

Motion by respondent for reargument (CPLR 2221) of the order of this court dated January 23, 1984 which granted petitioner’s application to stay arbitration is granted and upon such reargument the application to stay arbitration is denied.

After more than 20 days had elapsed following service of a demand for arbitration under uninsured motorist indorsement of the policy issued by petitioner to respondent, petitioner applied for an order staying arbitration (CPLR 7503) on the grounds that the insurance policy had been canceled prior to the occurrence of…