Progressive Northeastern Insurance v. Sheikh

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Waseem Sheikh, Shazia Sheikh, and Mariam Sheikh appeal from an order of the Supreme Court, Nassau County (Jaeger, J.), entered August 1, 2006, which, after a hearing, granted the petition.

Ordered that the order is affirmed, with costs.

In reviewing a trial court’s findings of fact following a nonjury trial, this Court’s authority “is as broad as that of the trial court” and includes the power to “render the judgment it finds warranted by the facts, taking into account in a…