Balboa Insurance v. Alston

Judgment of the Supreme Court, New York County (Hortense Gabel, J.), entered March 31, 1987, which granted the petition of Balboa Insurance Company to permanently stay arbitration under the uninsured motorist endorsement of its policy insuring a vehicle owned by Jessie H. Carter, unanimously reversed, on the law, and the petition denied and dismissed, without costs.

At the hearing upon the petition, the court held that petitioner Balboa Insurance Company had satisfied its burden of going forward by producing a police report of the accident in which respondent Anita Alston, a passenger in the…