July 17, 1995 Appeal from the Supreme Court, Nassau County (Kohn, J.). Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the parties are directed to proceed to arbitration. On May 19, 1989, the appellant's insured was injured when his automobile was struck by a vehicle owned by the petitioner. The appellant paid benefits to its insured totalling approximately $90,000, $50,000 of which represented first-party benefits under the no-fault