Ordered that the order is affirmed, with costs.
The appellant sought uninsured motorist benefits under a policy of insurance issued by the petitioner for physical injuries allegedly sustained by him in a hit-and-run accident. The petitioner commenced this proceeding pursuant to CPLR article 75 to permanently stay arbitration of the claim.
Physical contact is a condition precedent to an arbitration based upon a hit-and-run accident involving an unidentified...
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