Order unanimously reversed, without costs and motion for stay of arbitration granted pending trial, and matter remitted for trial of the issue of the existence of a "hit and run" vehicle.
Memorandum:
When insured persons duly demand arbitration of their claims the insurer can obtain a stay of the demand only upon tendering an issue which the court must determine prior to arbitration. Although such an issue cannot be presented by mere conclusory allegations...
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