Opinion
February 13, 1990
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order, dated August 4, 1988, is reversed insofar as appealed from, on the law, with costs, the order, dated July 6, 1987, is vacated, the respondent's application is denied, the petition is granted, and the arbitration is permanently stayed.
This appeal calls upon us to review the evidence presented with respect to the petitioning insurance company's application to stay arbitration of the respondent's uninsured motorist claim. The minutes of the hearing indicate that the only evidence proffered by the respondent, Sylvester Savage, as proof of the noninsurance of the offending vehicle, was a statement allegedly made to him by the driver of that vehicle, one Raymond Bernard, to the effect that he had no insurance. This testimony constituted inadmissible hearsay and was not competent proof of Bernard's lack of insurance (see, Matter of Rosen [MVAIC], 20 A.D.2d 704; see also, Levins v Bucholtz, 2 A.D.2d 351). The insurance company, on the other hand, produced documents which indicated that Bernard was insured at the time of the accident by the Hartford Accident and Indemnity Company. Mr. Savage did not rebut the insurance company's proof. Accordingly, arbitration of his uninsured motorist claim is permanently stayed. Mollen, P.J., Eiber, Sullivan and Rosenblatt, JJ., concur.