MATTER OF NATIONWIDE MUT. INS. CO. v. SPARACINO


191 A.D.2d 635 (1993)

595 N.Y.S.2d 325

In the Matter of Nationwide Mutual Insurance Company, Appellant, v. Vera Sparacino, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1993


Ordered that the judgment is affirmed, with costs.

We agree with the determination of the Supreme Court that the petitioner failed to meet its burden of presenting evidentiary facts sufficient to establish the existence of a preliminary issue which would justify a stay of the respondent's demand for arbitration of her claim for underinsured motorist benefits (see, e.g., Matter of Colonial Penn Ins. Co. v Carter, 157 A.D.2d 839

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