In re the Arbitration between Prudential Property & Casualty Insurance & De Blasio

In a proceeding to stay arbitration, petitioner appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered March 10, 1981, which, without a hearing, dismissed the petition and directed that the *552parties proceed to arbitration. Judgment reversed, without costs or disbursements, and proceeding remitted to Special Term for a hearing on the issues of (1) whether there was any “physical contact” between the respondent’s vehicle and the alleged hit-and-run vehicle and (2) if so, whether, under the circumstances here present, respondent’s timely filing of a claim for no-fault…