Highlands Insurance v. Baez

Order, Supreme Court, New York County (Robert D. Lipp*239mann, J.), entered June 2, 2004, which granted petitioner’s application to stay an uninsured motorist arbitration demanded by respondent claimant upon a finding, made after a framed-issue hearing, that respondent-appellant insured the offending vehicle on the date of the accident, unanimously affirmed, with costs in favor of petitioner Highlands Insurance Company, payable by appellant.

Petitioner made a prima facie showing of coverage with a Department of Motor Vehicles FS-25 form listing appellant as the insurer (see Matter of Eagle Ins.…