IN THE MATTER OF AIU INSURANCE COMPANY v. ORELLANA


18 A.D.3d 652 (2005)

795 N.Y.S.2d 653

In the Matter of AIU INSURANCE COMPANY, Respondent, v. RUDY ORELLANA et al., Appellants.

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

May 16, 2005.


Contrary to the petitioner's contention and the determination of the Supreme Court, the petitioner's claim that arbitration should be stayed on the ground that there was no physical contact between the appellants' vehicle and the hit-and-run vehicle does not relate to whether the parties had an agreement to arbitrate (see generally Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264 [1982]). Rather, the issue of physical contact...

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