In re the Arbitration between State Farm Insurance Companies & DeSarbo

Appeal from an order of the Supreme Court (Hall, J.), entered May 24, 2006 in Saratoga County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

In July 2004, respondent allegedly sustained personal injuries in an automobile accident and was eventually paid $25,000, the limits of the other driver’s insurance policy. He also submitted a claim for underinsurance benefits to the local office of petitioner (his insurance company) and, thereafter, had communications regarding the matter with petitioner’s offices in Saratoga and Monroe Counties.…