Opinion
January 13, 2000
Judgment, Supreme Court, New York County (Louis York, J.), entered September 8, 1998, which granted petitioner's application for a permanent stay of arbitration of an uninsured motorist claim on the ground that the putatively uninsured vehicle was in fact insured on the date of the accident, unanimously affirmed, without costs.
Susan A. Cioci for Petitioner-Respondent.
Alan Krystal for Additional Respondent-Appellant.
SULLIVAN, J.P., WILLIAMS, RUBIN, BUCKLEY, FRIEDMAN, JJ.
The testimony of Edward Carroll, the underwriter for Eagle Insurance Company's managing agent, who admitted that the expansion record, or DP 37 form, listed the insurance code number for Eagle, and the form itself, indicating that Eagle insured the vehicle in question several months prior to respondents' accident, sufficiently supports Supreme Court's determination granting the petition for a permanent stay of arbitration of respondents' uninsured motorist claim (compare, Allcity Ins. Co. v. Warda, 212 A.D.2d 482).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.