Matter of American Tr. Ins. Co. (Reyes) (2004 NYSlipOp 00459)

Matter of American Tr. Ins. Co. (Reyes)

2004 NYSlipOp 00459

January 29, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 24, 2004

In the Matter of the Arbitration between American Transit Insurance Company, Respondent, and Franklin Reyes et al., Appellants, et al., Respondents.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered November 13, 2000, which denied respondents' motion to vacate an order, entered upon their default, granting petitioner's motion to permanently stay arbitration, unanimously affirmed, without costs.

The court properly denied respondents' motion to vacate the order, entered upon their default, permanently staying arbitration of their uninsured motorist claim, since they failed to make the requisite showing that their claim had merit (see Fogarty v Transmedia Network, 2 AD3d 269 [2003]). Concur—Nardelli, J.P., Andrias, Sullivan, Ellerin and Gonzalez, JJ.