Allstate Insurance v. Arpaia

In a proceeding pursuant to CPLR 7503 to stay arbitration of an underinstired motorist claim, Joseph Arpaia appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated June 30, 1999, which granted the petition.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

On August 6, 1998, the appellant sustained personal injuries, including a fractured leg, when an automobile struck the motorcycle he was operating. Thereafter, the appellant made a claim for supplementary uninsured motorist (hereinafter SUM) benefits…