Matter of Nationwide Mutual Ins. v. Sparacino

Full title: In the Matter of NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. VERA…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1993

191 A.D.2d 635 (N.Y. App. Div. 1993)

595 N.Y.S.2d 325

Opinion

March 22, 1993

Appeal from the Supreme Court, Westchester County (Facelle, J.).

Ordered that the judgment is affirmed, with costs.

We agree with the determination of the Supreme Court that the petitioner failed to meet its burden of presenting evidentiary facts sufficient to establish the existence of a preliminary issue which would justify a stay of the respondent's demand for arbitration of her claim for underinsured motorist benefits (see, e.g., Matter of Colonial Penn Ins. Co. v. Carter, 157 A.D.2d 839; Matter of Empire Mut. Ins. Co. [Greaney], 156 A.D.2d 154; Matter of Commercial Union Ins. Cos. [Pouncy], 120 A.D.2d 382). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.