New York Supreme Court August 25, 1983 (Lumbermens Mutual Casualty Co. v. Eugene)

OPINION OF THE COURT

Martin Evans, J.

Petitioner seeks to stay arbitration of respondents’ uninsured motorist claim.

Petitioner contends that a preliminary trial must be had to determine whether respondents have met the threshold for serious injury as defined in subdivision 4 of section 671 of the Insurance Law, a condition precedent, petitioner believes, to submitting the claim to arbitration