American Casualty Co. v. McCoy

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist’s claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (D’Amaro, J.), entered November 13, 1986, which denied the petition without hearing.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted for an evidentiary hearing in accordance herewith to determine if the petition was served on September 29, 1986, pursuant to the provisions of CPLR 7503 (c) and whether the respondent gave notice of her claim…