In re the Arbitration between Metropolitan Property & Liability Co. & Pisanelli

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Jiudice, J.), entered March 29, 1990 in Dutchess County, which, inter alia, denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

On August 13, 1985, 10-year-old Robert Pisanelli was struck by a 1979 Dodge Ram Charger owned and operated by Michael O’Dell on the premises of O’Dell’s commercial garage. After being advised that the vehicle was uninsured, respondent Joseph Pisanelli (hereinafter respondent), the infant’s father,…