Opinion
2002-07873.
Decided March 8, 2004.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Queens County (Thomas, J.), dated April 15, 2002, which granted the petition and permanently stayed arbitration.
Mann Just, LLP, New York, N.Y. (Joshua Just of counsel), for appellants.
John A. Cannistraci, New York, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellants' failure to file a sworn statement with the petitioner Empire Insurance Company after the hit-and-run accident, in accordance with a condition precedent to coverage under the uninsured motorist endorsement of the insurance policy, vitiated coverage ( see Matter of Legion Ins. Co. v. Estevez, 281 A.D.2d 420; Matter of Aetna Life Cas. v. Ocasio, 232 A.D.2d 409) . Accordingly, the Supreme Court properly granted the petition and permanently stayed the arbitration.
In light of our determination, we need not address the appellants' remaining contention.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.