In re the Arbitration between Allcity Insurance & Sioukas

Judgment, Supreme Court, New York County, entered on July 2, 1975, denying petitioner’s motion to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and vacated, and the motion to permanently stay respondent from proceeding to arbitration as against appellant granted. The record amply supports appellant’s claim that it provided no insurance coverage for the respondent until the coverage of the primary insurance carrier was exhausted. Special Term so found but held that appellant was estopped from raising the issue of lack of coverage based upon a…