In re the Arbitration between Great American Insurance & Tomaino

Mercure, J.P.

Appeal from an order of the Supreme Court (Dowd, J.), entered March 26, 2001 in Otsego County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

On July 5, 1998, while operating his 1997 Toyota automobile, respondent was involved in a collision with a vehicle owned and operated by Kenneth Vervalin. At the time of the accident, respondent had in effect a Liberty Mutual Insurance Company automobile policy covering his vehicle, as well as a commercial automobile policy issued by petitioner covering the three vans respondent used in…