In re Providence Wa. Ins.
v.
Villanueva

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMar 5, 2001
281 A.D.2d 424 (N.Y. App. Div. 2001)
281 A.D.2d 424721 N.Y.S.2d 264

Submitted January 31, 2001.

March 5, 2001.

In a proceeding pursuant to CPLR article 75 to temporarily stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated July 7, 2000, which denied its motion to renew a prior petition to temporarily stay arbitration pending further discovery.

Murphy O'Keefe, Goshen, N.Y. (Thomas E. Humbach of counsel), for appellant.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed, with costs, the petitioner's motion for renewal is granted, and upon renewal, the petition is granted.

Under the circumstances presented, the petitioner is entitled to a temporary stay of arbitration of the respondent's claim for underinsured motorist's benefits pending further discovery (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Kenney, 241 A.D.2d 455).