Commercial Union Insurance v. Mandel

—In a proceeding pursuant to CPLR 7503 to stay arbitra*545tion of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Kohn, J.), dated February 14, 1995, which granted the application to stay arbitration. Presiding Justice Mangano has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, the application is denied, and the parties are directed to proceed with arbitration.

The application to stay arbitration should have been denied. Since the policy at issue contained a separate…