In re the Arbitration between Empire Insurance & Narain

—Order of the Supreme Court, New York County (William P. McCooe, J.), entered June 17, 1992, which denied petitioner’s motion to stay arbitration, unanimously reversed on the law, and the matter remanded for further proceedings, without costs.

Respondent Narain was allegedly injured in an automobile accident involving an uninsured vehicle owned by respondent, David Tejada. Narain thereafter served his insurer, Empire Insurance Company, with a demand for arbitration pursuant to the uninsured motorist endorsement of his policy. Empire responded by commencing the within proceeding to stay…