Ordered that the order is reversed insofar as appealed from, on the law, with costs, the application is denied, and the proceeding to stay arbitration is dismissed.
On May 9, 1995, the appellant's deceased, William McDonnell, served Nationwide Insurance Company (hereinafter Nationwide) with a demand for arbitration of an uninsured motorist benefits claim. After its investigation indicated that there had been no physical contact between the vehicle of the deceased...
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