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MATTER OF TRANSP. INS. CO. v. PHILLIPS

248 A.D.2d 392 (1998)

669 N.Y.S.2d 860

In the Matter of Transportation Insurance Company, Appellant, v. Michael E. Phillips, Respondent, and Allstate Insurance Company et al., Respondents. (Matter No. 1.) Michael Phillips, Plaintiff, v. Sandra Boyer et al., Defendants. (Matter No. 2.)

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

March 2, 1998

Ordered that the order is affirmed, with costs.

The burden of justifying a stay of arbitration is on the party seeking the stay (see, Matter of State Farm Mut. Auto. Ins. Co. v Fenelon, 202 A.D.2d 436). We find that the respondent Michael E. Phillips was struck by an unidentified motor vehicle during the incident in question. Thus, the petitioner failed to meet its burden, and the petition to stay arbitration was properly...

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