In re the Arbitration between Universal Underwriters Group & Zeitlin

Judgment, Supreme Court, New York County (Kenneth L. Shorter, J.), entered on or about June 20, 1989, which denied and dismissed the petition of Universal Underwriters Group to stay arbitration, is unanimously reversed, on the law and on the facts, judgment vacated, petition is reinstated and granted, and arbitration is stayed pending a preliminary trial on the threshold issue of whether there was physical contact between the motorcycle operated by Mr. Lev Zeitlin and the hit-and-run vehicle, so as to come within the uninsured motorists’ endorsement of the insurance policy, without costs.

*545On…