Opinion
June 5, 1989
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the order and judgment is reversed, on the law and the facts, with costs, and the application for a permanent stay of arbitration is denied.
The issue before us is whether the trial court, at the conclusion of a bench trial, properly found that the respondent administratrix failed to exercise due diligence in ascertaining the insurance status of the vehicle with which the decedent was involved in an accident.
We hold, on the basis of the affirmations in support of the petition and answer, as well as the evidence adduced at trial, that the court's determination was against the weight of the evidence (see, Strauf v. Ettson Enters., 106 A.D.2d 737). Accordingly, we reverse the order and judgment granting the petitioner a permanent stay of arbitration. Mollen, P.J., Mangano, Kunzeman and Balletta, JJ., concur.