Order reversed on the law, without costs; motion granted, and arbitration stayed. No issues of fact were considered.
There was an admitted absence of physical contact between the hit-and-run vehicle and the vehicle of the insured. Such contact is a condition precedent to arbitration under both the statute (Insurance Law, § 617) and the endorsement. Hence, petitioner is entitled to stay the arbitration (Matter of Tuzzino [MVAIC],
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