Ordered that the order is affirmed, with costs.
The appellant contends that the Supreme Court erred in failing to resolve the issue of whether a second vehicle was involved in the insured's accident before directing that the parties proceed to arbitration. However, under the arbitration clause contained in the applicable "Out of State Uninsured Motorists Insurance" provision of the subject policy, that is "a factual issue within the scope of the agreement to arbitrate...
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