Respondent was hit by an unidentified motor vehicle while he was bicycling on a bike path. Following his demand for uninsured motorist arbitration, petitioner commenced this CPLR article 75 proceeding to stay the arbitration. Petitioner alleged that respondent had failed to establish physical contact with an unidentified vehicle as required by the policy, and that he failed to notify the police within 24 hours of the event or as soon as was reasonably possible.
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