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  5. 233 A.D.2d 189 (1996)
 

MATTER OF COUNTRY-WIDE INS. CO.

233 A.D.2d 189 (1996)

649 N.Y.S.2d 155

In the Matter of the Arbitration between Country-Wide Insurance Company, Respondent, and Gerard Aubry et al., Appellants

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

November 14, 1996

Arbitration should be stayed because respondents did not serve a notice of intention to file an uninsured motorist claim within 90 days after the accident or as soon as practicable, having failed to diligently attempt to determine whether the driver of the other vehicle was insured (see, Matter of Kauffman [MVAIC], 25 A.D.2d 419), and then also failing to serve petitioner with a notice of intention as soon as they should have...

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