Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination as to whether the accident involved a hit-and-run vehicle, and a de novo determination of the petition.
The party seeking to stay arbitration has the burden of showing the existence of sufficient evidentiary facts to establish a preliminary issue that would justify the stay (see, Matter of Eagle Ins. Co. v Viera...
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