Opinion
October 19, 1971
Judgment, Supreme Court, New York County, entered on September 29, 1970, which denied an application for a stay of arbitration sought pursuant to an uninsured motorist's indorsement to a policy of automobile liability insurance, unanimously reversed, on the law and the facts, without costs and without disbursements, the stay granted, the judgment vacated, and the matter remanded for a hearing on the question of insurance coverage. The motion was timely ( Matter of Knickerbocker Ins. Co. [ Gilbert], 28 N.Y.2d 57), and there is some evidence that insurance coverage may have existed on the offending vehicle at the time of the accident.
Concur — Stevens, P.J., McGivern, Kupferman, McNally and Steuer, JJ.