Matter of New York Central Mut. Fire Ins. Co.

Matter of New York Cent. Mut. Fire Ins. Co. (Reid) 2006 NY Slip Op 08349 [34 AD3d 333] November 16, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

In the Matter of New York Central Mutual Fire Insurance Company, Appellant. Kirk Reid et al., Respondents, et al., Respondents.

—[*1]Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents' uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.