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IN THE MATTER OF UNITED SERVICES AUTOMOBILE ASSOCIATION v. MELENDEZ

27 A.D.3d 296 (2006)

811 N.Y.S.2d 641

In the Matter of UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent, v. ASICLO JOSEPH MELENDEZ et al., Appellants.

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

March 16, 2006.

The stay of arbitration was properly granted since the policy issued by petitioner in Connecticut covering the car in which respondents were passengers provided for arbitration only if both parties agreed. Here, although petitioner declined to arbitrate, the policy also contained uninsured motorist coverage sufficient to satisfy the requirements of Insurance Law § 5107. "[T]here is no requirement under the New York no-fault...

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