Opinion
March 2, 1998
Appeal from the Supreme Court, Orange County (Slobod, J.).
Ordered that the order is affirmed, with costs.
The burden of justifying a stay of arbitration is on the party seeking the stay (see, Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d 436). We find that the respondent Michael E. Phillips was struck by an unidentified motor vehicle during the incident in question. Thus, the petitioner failed to meet its burden, and the petition to stay arbitration was properly denied.
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.