Opinion
2002-03192
Submitted September 4, 2002.
September 24, 2002.
In a proceeding pursuant to CPLR 7503 to stay arbitration of a claim for uninsured motorist benefits, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Silverman, J.), dated January 10, 2002, which, after a hearing, granted the petitioner's application for a permanent stay of arbitration.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellant.
Samuel K. Rubin, Bethpage, N.Y. (Lawrence R. Miles of counsel), for petitioner-respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
ORDERED that the judgment is affirmed, with costs.
The petitioner established a prima facie case as to the existence of insurance coverage for the subject vehicle by producing the police accident report which contained the offending vehicle's insurance code (see Matter of Centennial Ins. Co. v. Capehart, 220 A.D.2d 499; Matter of Wausau Ins. Co. v. Ramos, 151 A.D.2d 487). The appellant, the offending vehicle's alleged carrier, submitted a letter stating in conclusory fashion that it did not insure the offending vehicle. This was insufficient to overcome the petitioner's prima facie case (see Matter of Eagle Ins. Co. v. Sadiq, 237 A.D.2d 605). The Supreme Court, therefore, properly permanently stayed uninsured motorist arbitration.
ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.