Opinion
February 4, 1999
Appeal from the Supreme Court, New York County (Carol Huff, J.).
We decline to review respondents' challenge to the prior order, rendered over five years ago and never appealed, which stayed the arbitration upon a finding that the offending vehicle was insured by another insurer. We would comment only that the prior order appears to have been correct ( see, Matter of Empire Ins. Co. [Narain], 193 A.D.2d 447), and that its vacatur in the interests of justice, as urged by respondents, is not warranted by the other insurer's persistence in disclaiming coverage.
Concur — Lerner, J. P., Rubin, Mazzarelli and Andrias, JJ.