Interboro Mutual Indemnity Insurance v. Wiener

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Alpert, J.), entered December 4, 1998, as denied its application to compel the respondent to comply with the discovery provisions set forth in the insurance policy before proceeding to arbitration.

Ordered that the order is modified by deleting therefrom the provision denying those branches of the application which were to compel the respondent to submit to both a physical…