Contracts · MBE-tested
In the Matter of the Arbitration between General Accident Insurance Company, Respondent, and Vyachislav Malinsky et al., Appellants
267 A.D.2d 65699 N.Y.S.2d 678·New York Supreme Court, Appellate Division·1999·NY
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Opinion
In the Matter of the Arbitration between General Accident Insurance Company, Respondent, and Vyachislav Malinsky et al., Appellants.
[699 NYS2d 678]
[MAJORITY]
—Order, Supreme Court, New York County (William McCooe, J.), entered on or about December 4, 1998, which granted the petition for a permanent stay of the arbitration of the subject uninsured motorist claim, unanimously reversed, on the law and the facts, without costs, the petition denied and the proceeding dismissed. Appeal from order, same court and Justice, entered April 7, 1999, which, insofar as appealable, denied respondents’ motion for renewal, unanimously dismissed, without costs, as academic in light of the foregoing.
The petition to stay arbitration should have been denied since the insured sufficiently complied with the contractual provisions of the uninsured motorist endorsement. Concur— Ellerin, P. J., Nardelli, Williams, Rubin and Andrias, JJ.