In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Mitchell

— Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about February 9, 1989, which, inter alia, denied petitioner’s (MVAIC) motion to stay arbitration, unanimously affirmed, without costs.

Respondent, driving an uninsured vehicle, was involved in an accident with another vehicle which was also apparently uninsured. Respondent sought no-fault benefits from MVAIC. MVAIC refused to pay such benefits, claiming that as the driver of an uninsured vehicle, respondent was not entitled to benefits.

It is unclear whether the vehicle which respondent was driving was owned by his…