In re the Arbitration between Allcity Insurance Co. & Russo

Order and judgment (one paper), Supreme Court, New York County (Peter Tom, J.), entered on or about September 22, 1992, which, after a hearing, granted petitioner’s application to stay arbitration of respondent’s uninsured motorist claim, unanimously affirmed, with costs.

The IAS Court did not abuse its discretion in allowing petitioner to amend its petition for a stay of arbitration so as to withdraw the claim that respondent had not complied with certain notice provisions of the policy and to substitute therefor the completely new claim that no hit and run accident had occurred. Although…