Opinion
March 1, 1994
Appeal from the Supreme Court, Nassau County (Robert Roberto, J.).
A finding that petitioner did not sustain a "serious injury" as defined by Insurance Law § 5102 (d), or, if he did, that he did not show a causal connection between his alleged injuries and the automobile accident in question, and therefore is not entitled to damages under his uninsured motorist endorsement (Matter of Commercial Union Ins. Co. v. Ewall, 168 A.D.2d 247, 249), would not be lacking a rational basis, assuming, in petitioner's favor, that the arbitration was a compulsory one.
We have reviewed petitioner's remaining claims and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Kupferman, Nardelli and Williams, JJ.