Allstate Insurance v. Farina

In a proceeding pursuant to CPLR 7503 (subd [c]) to stay arbitration, petitioner appeals from so much of an order of the Supreme Court, Suffolk County, entered July 27, 1978, as denied its application and dismissed the petition. Order reversed insofar as appealed from, on the law, without costs or disbursements, and petition granted to the extent that arbitration is stayed pending judicial determination of the issue of coverage. The matter is remanded to Special Term for such a determination. In a proceeding by an insurer to stay the insured from proceeding to arbitration under his uninsured…