Astuto v. State Farm Mutual Automobile Insurance

—In a proceeding pursuant to CPLR article 75, State Farm Mutual Automobile Insurance Company appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated October 18, 1991, which denied its motion to vacate a prior order of the same court, dated May 9, 1991, which granted the petitioner’s application to compel arbitration on the issue of underinsured motorist coverage, upon the appellant’s default in answering.

Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated May 9, 1991, is granted, that order is vacated, the petition is…